Margaret Alcock, named Awcocke in the papers and wife of William, sued Mary Atkinson, wife of Francis, for defamation at York in 1632. Her libel alleged that a debt-collection visit was followed by accusations that her evil eye had harmed a child nursed by Mary. Mary denied speaking the words. Anne Kippax reported information from her mistress and a later exchange she said she heard herself, naming the child Richard. No sentence survives in the collected file; the outcome is unknown.
Scope
All independent text in six saved full-resolution images of three catalogued pieces, with originals, English renderings, cited modern discussion and explicit gaps. No missing sentence reconstructed.
Editorial conventions
Expanded transcription retaining source spelling. Brackets identify expansions, unresolved writing, tentative readings and cancellations. Paragraphs follow documentary articles rather than certified physical lines. English precedes the Latin or mixed-language original. Image numbers are not archival folios. The personal-answer day is tentative; catalogue 31 May is recorded separately. No missing clauses are silently reconstructed.
Notes on the edition
Comparison of sources: Surviving sources and unknown outcome
Six images represent three catalogued pieces: libel, personal answers and Anne Kippax’s deposition, with docket and cover. No sentence is present. Some legal contractions, the answer day, subscriber identities and altered deposition clauses remain unresolved. The child’s illness is reported, not medically verified; no death or actual supernatural harm is established. The libel, denial and reported testimony remain separate evidential voices.
[Marginal subscription] Andrew [surname unresolved]. In the name of God, Amen. Before William Easdall, Doctor of Laws and principal official of York's consistory court, his deputy or another competent judge, the pleading is made on behalf of Margaret Awcocke, wife of William Awcocke, against Mary, wife of Francis Atkinson, of Elslack in Broughton parish, diocese of York. It proceeds by the available legal and factual means and proposes the following articles jointly, separately and individually. [Some title and connecting contractions remain unresolved.] 1. The pleading invokes a provincial constitution binding subjects of England. It alleges that maliciously imposing a crime on someone through hatred, favour or another motive, thereby defaming that person among respectable people, attracts major excommunication under that constitution. [The wording of the constitution, its precise conditions and several contracted phrases remain unread; this is not identification of a particular canon or a definitive legal construction.] Its form is reserved to what can be proved during the suit. 2. Margaret is alleged to have been and still to be an honest woman, of good reputation, life and conduct, unstained by notorious crime, except for the matters subsequently pleaded, and an honest wife of William Awcocke. She has been publicly regarded as such in Broughton and neighbouring places. The pleading gives alternative periods of four, five or seven years. 3. Notwithstanding that, Mary Atkinson is alleged, in the stated months from May to December of the year written 1629 and related times [some connecting wording is unresolved], in Elslack, Broughton and neighbouring places, maliciously and intending to defame and injure Margaret, to have spoken and asserted reproachful, injurious, quarrelsome, contemptuous and defamatory words about her. The English narrative says that Francis Atkinson owed William Awcocke money. Around Michaelmas two years previously, Margaret went to Francis's house in Elslack to demand it. Mr Francis Malham had a child being nursed by Mary Atkinson there. Shortly after Margaret's visit, Mary went to Mr Malham and said—according to this pleading, falsely—that Margaret was a witch and had an evil eye; that the child had not thrived since Margaret saw it; and that Mary truly believed Margaret had bewitched or “forespoken” the child. The pleading reserves the precise time, manner and wording to proof. 4. The pleading states that neither Margaret nor William Awcocke was personally present with Mary Atkinson at the pleaded time and place when the defamatory words were uttered. The article refers to the words or their utterance coming to Margaret’s and William’s knowledge within two months, or at least within a year [the precise connecting phrase remains unread]. Margaret’s side offers proof of the article’s contents by her oath or otherwise as the law requires. [Some verbs and connecting contractions remain unresolved; this is not evidence that an oath was administered.] 5. Mary is alleged subsequently to have confessed and acknowledged before trustworthy witnesses that she spoke and asserted these defamatory words about Margaret. [Several words concerning the witnesses remain unread.] 6. These defamatory words are alleged to have unlawfully and grievously harmed Margaret's standing and good reputation among respectable people, with further harm likely. 7. Mary, wife of Francis Atkinson, was and is of Elslack in Broughton parish, diocese of York, and subject to the court's jurisdiction. [The contracted connecting phrase remains unresolved.] 8. There was and is public report and reputation about these matters in the named and neighbouring places. On legally sufficient proof, Margaret's side asks for a finding that Mary spoke the defamatory words, or some of them, and defamed and injured Margaret. It seeks the consequences of the pleaded provincial constitution, ecclesiastical correction and punishment, and condemnation in expenses with effective payment. [The exact proposed excommunication and absolution clauses are not fully read and are not silently completed.] The party asks for relief to the extent it proves its case, without assuming an unnecessary burden of proving every point, with the benefit of law reserved, and invokes the judge's office. Saving rights, etc.; the party protests, etc.
[31?] May 1632. William Easdall. Mary Atkinson, wife of Francis Atkinson, answers the libel exhibited against her by Margaret, wife of William Awcocke. To the first article, she refers herself to the provincial constitution pleaded, if there is such a constitution, and to the law; otherwise she does not believe it to be true in any respect. To the second, she believes it to be true. To the third, she does not believe it to be true in any respect. To the fourth, down to and including the words about the truth of its contents, she believes that she never spoke any of the alleged words at the time and place pleaded. Consequently Margaret or William could not have been present or privy to them. Otherwise she refers herself to the law and does not believe the article to be true in any respect. To the fifth and sixth, she does not believe them to be true in any respect. To the seventh, she believes it to be true. To the eighth, she believes the admitted matters and denies the denied matters. Mary Atkinson's mark.
28 June 1632. [Confirmation/repetition subscription, possibly Robinson, uncertain.] Anne Kippax of Bolton in Craven, Yorkshire, spinster, approximately 21 years old, produced, admitted, sworn and examined on the libel exhibited on Margaret Awcocke's behalf against Mary Atkinson. First asked about her knowledge of the parties, she says she has known both for approximately three years. On the first article, she refers herself to the provincial constitution and the law, and knows nothing further to depose. She is not examined on the second because the defendant admits it. On the third, she says she was a servant to Mr Francis Malham of Elslack. Between haytime and harvest in the previous year, Mary Atkinson came to Malham’s house. Mary was nursing a child of Malham’s. Mary came into the chamber where Anne and her mistress, Malham’s wife, were and seemed to want to speak to the mistress. Anne perceived this and left the chamber. When Anne returned, her mistress told her that the child she had nursing with Atkinson’s wife was unwell, and that Mary had said Margaret Awcocke caused it, was a witch and had an evil eye. Some connecting and cancelled words remain unresolved. This portion is Anne’s report of what her mistress told her, not speech Anne directly heard from Mary. Anne continues that, shortly afterwards, Mary returned to Malham’s house in Elslack. Anne asked how her master’s child, whom Mary was nursing, was, calling the child Richard. Mary answered that it was unwell but she hoped it was improving. Anne asked what she thought might be the cause of its condition [the manuscript cancels “not thriveing” before “well”; the resulting syntax is irregular]. Mary answered that Awcock’s wife, meaning Margaret, was the cause, and added that Margaret was a naughty bad woman and had an evil eye. Anne knows nothing further to depose. On the fourth article, she knows nothing to depose, except that neither Margaret nor her husband was present when Mary uttered the words Anne has described. On the fifth, she knows nothing beyond what she has already deposed in this cause. On the sixth, she refers herself to the law and knows nothing further to depose. She is not examined on the seventh because the defendant admits it. On the eighth, she affirms the truth of what she has deposed. [Some routine witness qualifications are contracted or unread.] She is neither related by blood nor marriage [the manuscript then uses “etc.”] and does not care about the outcome provided justice is done. Anne Kippax's mark and name.
Image Title: CP.H.1961 Court: Consistory Case: Defamation (witchcraft) Details: 3 Pieces; Has deposition; Has libel; No sentence Date: 31/5/1632 — 28/6/1632 Parties Mentioned: Margaret Alcock [Awcocke], plaintiff, female; wife of William Alcock Mary Atkinson [Atkinson], defendant, female; wife of Francis Atkinson Witnesses: Anne Kippax [Kippax], witness, male; 21; spinster Places: Broughton (Broughton (YorkshireWestRiding)) - ecclesiastical parish
York Cause Papers catalogue CP.H.1961, n.d., Saved York repository manifest CP.H.1961, metadata: Consistory; three pieces; deposition and libel; no sentence; 31 May–28 June 1632., CP.H.1961; saved manifest metadata · context
[Marginal subscription] Andr: [H...; surname unresolved]. In dei nomine amen Coram vobis venerabili viro Gulielmo Easdall Legum Doctore Almae Curiae Cons[istorialis] Ebor[acensis] Officiali principali [unread contracted phrase] deputato aut alio Judice in hac parte competenti quorum[que?] ex parte discretae mulieris Margarettae Awcocke uxoris Will[iel]mi Awcocke contra et adversus Mariam Atkinson ux[orem] Francisci Atkinson de Elslacke parochiae de Broughton dioc[esis] Ebor[acensis] Ac con[tra] quemcunque alium pro eadem coram vobis in judicio [unread] intervenientem Ad omnem tam juris quam facti effectum exinde quovismodo sequi valent[em] omni meliori via modo et juris forma quibus melius aut efficacius de jure potuit aut potest dicit allegat et in hiis scriptis conjunctim divisim et articulatim de jure proponit prout sequitur. 1. In primis ponit et articulat Quod fuit et est quaedam Constitutio provincialis hujus Regni Angliae [unread contracted phrase] vi[delicet] per [unread] omnes et singuli hujus Regni Angliae subditi tenentur et ligantur in qua quidem constitutione provinciali omnes illi qui quavis causa odii vel favoris aut alia quacunque de causa alicui malitiose crimen imponunt unde infamatur si apud bonos et graves [unread contraction] in saltem [compurgationem?] indictam vel aliam [unread] fuerunt et sunt sententia majoris excommunicationis [innodati?] atque [unread] Ponit tamen de tali forma Constitutionis provincialis quod et quantum in eventu hujus litis probabitur conjunctim divisim et de quolibet. 2. Item ponit et articulat Quod dicta Margaretta Awcocke per spatium quatuor quinque vel septem annorum jam ultimo praeteritorum retroque etiam fuit et est mulier honesta bonae famae vitae et conversationis honestae nulloque crimine (saltem notorio) aspersa diffamata vel aliqua [unread] (Salvis infra dicendis) Ac eodem tempore fuit et est pro unica et [unread] Will[iel]mi Awcocke praedicti [unread] honesta et laudabili per totum tempus praedictum vivit modoque in praesenti vivit Ac pro tali et ut talis fuit et est [unread] habita vocata et reputata palam publice et notorie infra praedictam de Broughton aliisque loca vicina Et ponit ut supra. 3. Item ponit et articulat Quod Praemissis non obstantibus dicta Maria Atkinson mensibus Maij Junij Julij Augusti Septembris Octobris Novembris et Decembris Anno domini 1629 [unread connecting words] infra villam de Elslacke ac praedictam de Broughton praedictae dioc[eseos] Ebor[acensis] aliisque loca vicina malitiose ac animo diffamandi praefatam Margarettam Awcocke uxorem Will[iel]mi Awcocke ipsam diffamavit et injuriavit nonnullaque verba opprobriosa injuriosa rixosa contumeliosa ac diffamatoria [Article 3 continued] dictae Margarettae Awcocke seu de eadem emisit dixit protulit et asseruit et praecipue haec verba Anglica sequentia seu alia eis in effectu consimilia vizt: “the articulate Francis Atkinson husband of the said Mary Atkinson being indebted to William Awcocke husband of the said Margarett Awcocke in a certaine sume of money she the said Margarett Awcocke within the tyme aforesaid And namely about Michaelmas was two yeares wente to the said Francis Atkinsons house in Elslacke to demaunde the said money And one Mr Francis Malham havinge then a childe at nurseinge with the said Marye Atkinson att her husbands house she the said Marye Atkinson shortly after that the said Margarett Awcocke had beene att her house went to the house of the said Mr Malham And said and reported (licet falso) That the said Margarett Awcocke was a witch and had an ill eye And that the said Mr Malham Childe did never like after she the said Margarett Awcocke did see it And further affirmed and said That she the said Mary Atkinson did verelie beleeve That the said Margarett Awcocke was a witch and that she had an ill eye and had bewitched or fore-spoken the said Mr Malham Childe.” Ponit tamen de ac talis et tanto tempore modo et forma verborum quod et quantum in eventu hujus litis probabitur conjunctim divisim et de quolibet. 4. Item ponit et articulat Quod neque dicta Margaretta Awcocke neque praefatus Will[iel]mus Awcocke subarticulatis tempore et loco prolationis verborum diffamatoriorum praedictorum cum dicta Maria Atkinson praesentes personaliter interfuerunt Et quod [unread phrase concerning report or knowledge of the words and their utterance] ad aures et notitiam dictae Margarettae Awcocke et praefati Will[iel]mi Awcocke mariti sui infra duos menses saltem intra Annum [unread connecting words] Et super veritate contentorum in hujus articulo pars dictae Margarettae Awcocke obtulit se [unread contraction] et paratam ad faciend[um] fidem per juramentum suum vel al[ite]r juxta juris in hac parte exigentiam Et ponit ut supra. 5. Item ponit et articulat Quod post praemissa dicta Maria Atkinson coram testibus fide dignis in praesentia nonnullorum testium fide dignorum ad [unread] hujus verbi diffamatoria dictae Margarettae Awcocke seu de eadem dixisse emisisse ac tulisse et asseruisse confessa fuit et est ac recognovit Et ponit ut supra. 6. Item ponit et articulat Quod ratione et praetextu prolationis hujus verborum diffamatorum status bona fama et opinio ipsius Margarettae Awcocke [Article 6 continued] apud bonos et graves penes quos prius extiterat bonae famae et opinionis illicite graviter et enormiter laeduntur et diminuuntur Ac de verisimili plus laedentur in futurum Et ponit ut supra. 7. Item ponit et articulat Quod de et super praemissis dicta Maria Atkinson ux[or] Francisci Atkinson fuit et est de Elslacke parochiae de Broughton dioc[esis] Ebor[acensis] ac juxta [unread contraction] jurisdictionis Et ponit ut supra. 8. Item ponit et articulat Quod de et super praemissis omnibus et singulis fuit et est publica vox et fama in locis praenominatis aliisque locis vicinis Et ponit ut supra. Unde facta fide de praemissis de jure requisita petit pars dictae Margarettae Awcocke praefatam Mariam Atkinson ex verbis diffamatoriis seu rixosis articulatis omnibus et singulis seu saltem eorum aliqua contra eandem Margarettam Awcocke [unread contraction] dixisse et [unread] eamque [unread] diffamasse et injuriasse dictamque Mariam Atkinson pro tanto temeritatis suae excessu in praemissis in sententiam majoris excom[municationis] juxta formam constitutionis praedictae in [unread] [unread clause on observing that sentence until absolution] corrigi et puniendam fore et debere Necnon in expensis ex parte et per partem dictae Margarettae Awcocke factis et fiendis condemnari condemnandamque ad debitam solutionem earundem efficaciter cogi et compelli atque vobis [unread] in praemissis omnibus et singulis [unread] ministrari per vos et vestram Sententiam definitivam [unread] Quo petit et fieri petit pars dictae Margarettae Awcocke conjunctim et divisim non arctans se ad omnia et singula praemissa probanda nec ad onus superfluae probationis de quo protestatur sed quantum probabit in praemissis obtineat in petitis juris beneficio in omnibus semper Salvo vestrum officium domine Judex antedicte humiliter implorando. Salvo jure &c. Et protestatur &c.
CP.H.1961 manuscript, Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1., Borthwick Institute for Archives, University of York CP.H.1961, CP.H.1961; images 2–3 (Latin and English)
[31?] Maij 1632. W: Easdall. Responsiones personales Mariae Atkinson uxoris Francisci Atkinson factae positionibus et articulis Libelli ex parte Margarettae Awcocke uxoris Will[iel]mi Awcocke con[tra] eam dati et exhibiti. Ad primam positionem respondendo refert se ad Constitutionem Provincialem articulatam (si qua talis sit) et ad jura Et al[ite]r non credit eandem esse veram in aliquo. Ad secundam positionem respondendo credit eandem esse veram. Ad tertiam positionem respondendo non credit eandem esse veram in aliquo. Ad quartam positionem usque ad haec verba (Et super veritate contentorum) inclusive respondendo credit That this Rend[en]t never spoke any of the wordes praedict[as] the tyme and place articulate And therefore the said Margarett Awcocke or William Awcocke her husband articulate was not or could be p[rese]nt or privie thereunto. Et al[ite]r respondendo ad jura non credit eandem esse veram in aliquo. Ad quintam et sextam positiones respondendo non credit easdem esse veras in aliquo. Ad septimam positionem respondendo credit eandem esse veram. Ad octavam positionem respondendo credit de Creditis et negat de negatis. Signum Mariae [cross] Atkinson.
CP.H.1961 manuscript, Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1., Borthwick Institute for Archives, University of York CP.H.1961, CP.H.1961; image 4 right (Latin and English)
Vicesimo octavo Junij 1632. Repet[it] [Robinson? contracted subscription]. Anna Kippax de Bolton in Craven in Com[itatu] Ebor[acensi] Spinster aetatis suae Viginti unius annorum aut eo circiter testis super positionibus et articulis Libelli ex parte et pro parte Margarettae Awcocke ux[oris] Will[iel]mi Awcocke con[tra] Mariam Atkinson exhibiti producta admissa jurata [unread] et primo de notitia partium [unread] dicit quod dictam Margarettam Awcocke per tres annos aut eo circiter et dictam Mariam Atkinson per idem tempus novit. Super primo art[icu]lo exa[minata] dicit quod refert se ad Constitutionem provincialem articulatam et in jura Et al[ite]r nescit deponere. Super secundo art[icu]lo non Examinatur quia pars rea fatetur. Super tertio art[icu]lo exa[minata] dicit that she this ex[amina]te [deleted: being?] servaunt to Mr Frauncis Malham of Elslacke [unread connecting abbreviation] the ar[ticula]te Marie Atkinson betwixte hay time and harvest in the yeare last came to the house of the said Mr Malham (she having at that time a childe to nurse of the said Mr Malhams) and comeing into the Chamber where this ex[amina]te and her m[ist]ris wife to the said Mr Malham were seemed to be desirous to speake some what to this ex[amina]tes m[ist]ris (which this ex[amina]te perceiving went her way) forth of the Chamber, and saith that upon this ex[amina]tes comeing againe to her said m[ist]ris, her m[ist]ris told her that the childe (which she had at nurseing with the said Atkinsons wife was not well and that [deleted words] the said Marie Atkinson had told her that the ar[ticula]te Margarett Awcocke was the cause of it, and that she was a witch and had an evill ey &c.) And saith that shortly after that the said Marie Atkinson comeing againe to the [Image 6 left] house of this ex[amina]tes said maister in Elslacke ar[ticula]te she this ex[amina]te asked her [cancelled words] Howe her said maisters childe did which she then had at nurseing, calling it by the name of Richard, to which she answered that it was not well, but that she hoped that it mended, whereupon this ex[amina]te asked what she thought might be the cause of its [deleted: not thriveing] well, to which the said Marie Atkinson answered that Awcocke wife, meaninge the ar[ticula]te Margarett Awcocke was the cause thereof, saying moreover that she the said Margarett Awcocke was a naughtie bad woman and had an ill ey Et al[ite]r nescit deponere. Super quarto art[icu]lo exa[minata] dicit quod nescit deponere Saving she saith that neither she the Margarett Awcocke nor her husband were p[rese]nt when she the said Mary Atkinson uttered the words predeposed upon by this dep[onen]t. Super quinto art[icu]lo exa[minata] dicit quod nescit deponere aliter quam prius deposuit in hac causa. Super sexto art[icu]lo exa[minata] dicit quod refert se ad jura Et al[ite]r nescit deponere. Super septimo art[icu]lo non ex[aminatur] quia pars Rea fatetur. Super octavo art[icu]lo exa[minata] dicit quod praedeposita per eam sunt vera [unread contracted witness qualification] nec consanguis aut affinis &c. nec curat &c. dummodo fiat Justitia. [Mark and subscription] A K Anne Kippax. [Image 6 right blank facing sheet.]
CP.H.1961 manuscript, Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1., Borthwick Institute for Archives, University of York CP.H.1961, CP.H.1961; images 5–6 (Latin and English)
Comparison of sources: Allegation denial and reported knowledge
The libel’s account of debt and witchcraft accusation is a pleading. Mary’s answers deny the words. Anne’s first account depends on her mistress’s report after Anne left the room; her later exchange with Mary is described as direct experience. Neither report diagnoses Richard’s condition. The libel’s request for excommunication, correction and costs is not a sentence. No party is declared victorious.
[Marginal subscription] Andrew [surname unresolved]. In the name of God, Amen. Before William Easdall, Doctor of Laws and principal official of York's consistory court, his deputy or another competent judge, the pleading is made on behalf of Margaret Awcocke, wife of William Awcocke, against Mary, wife of Francis Atkinson, of Elslack in Broughton parish, diocese of York. It proceeds by the available legal and factual means and proposes the following articles jointly, separately and individually. [Some title and connecting contractions remain unresolved.] 1. The pleading invokes a provincial constitution binding subjects of England. It alleges that maliciously imposing a crime on someone through hatred, favour or another motive, thereby defaming that person among respectable people, attracts major excommunication under that constitution. [The wording of the constitution, its precise conditions and several contracted phrases remain unread; this is not identification of a particular canon or a definitive legal construction.] Its form is reserved to what can be proved during the suit. 2. Margaret is alleged to have been and still to be an honest woman, of good reputation, life and conduct, unstained by notorious crime, except for the matters subsequently pleaded, and an honest wife of William Awcocke. She has been publicly regarded as such in Broughton and neighbouring places. The pleading gives alternative periods of four, five or seven years. 3. Notwithstanding that, Mary Atkinson is alleged, in the stated months from May to December of the year written 1629 and related times [some connecting wording is unresolved], in Elslack, Broughton and neighbouring places, maliciously and intending to defame and injure Margaret, to have spoken and asserted reproachful, injurious, quarrelsome, contemptuous and defamatory words about her. The English narrative says that Francis Atkinson owed William Awcocke money. Around Michaelmas two years previously, Margaret went to Francis's house in Elslack to demand it. Mr Francis Malham had a child being nursed by Mary Atkinson there. Shortly after Margaret's visit, Mary went to Mr Malham and said—according to this pleading, falsely—that Margaret was a witch and had an evil eye; that the child had not thrived since Margaret saw it; and that Mary truly believed Margaret had bewitched or “forespoken” the child. The pleading reserves the precise time, manner and wording to proof. 4. The pleading states that neither Margaret nor William Awcocke was personally present with Mary Atkinson at the pleaded time and place when the defamatory words were uttered. The article refers to the words or their utterance coming to Margaret’s and William’s knowledge within two months, or at least within a year [the precise connecting phrase remains unread]. Margaret’s side offers proof of the article’s contents by her oath or otherwise as the law requires. [Some verbs and connecting contractions remain unresolved; this is not evidence that an oath was administered.] 5. Mary is alleged subsequently to have confessed and acknowledged before trustworthy witnesses that she spoke and asserted these defamatory words about Margaret. [Several words concerning the witnesses remain unread.] 6. These defamatory words are alleged to have unlawfully and grievously harmed Margaret's standing and good reputation among respectable people, with further harm likely. 7. Mary, wife of Francis Atkinson, was and is of Elslack in Broughton parish, diocese of York, and subject to the court's jurisdiction. [The contracted connecting phrase remains unresolved.] 8. There was and is public report and reputation about these matters in the named and neighbouring places. On legally sufficient proof, Margaret's side asks for a finding that Mary spoke the defamatory words, or some of them, and defamed and injured Margaret. It seeks the consequences of the pleaded provincial constitution, ecclesiastical correction and punishment, and condemnation in expenses with effective payment. [The exact proposed excommunication and absolution clauses are not fully read and are not silently completed.] The party asks for relief to the extent it proves its case, without assuming an unnecessary burden of proving every point, with the benefit of law reserved, and invokes the judge's office. Saving rights, etc.; the party protests, etc.
[31?] May 1632. William Easdall. Mary Atkinson, wife of Francis Atkinson, answers the libel exhibited against her by Margaret, wife of William Awcocke. To the first article, she refers herself to the provincial constitution pleaded, if there is such a constitution, and to the law; otherwise she does not believe it to be true in any respect. To the second, she believes it to be true. To the third, she does not believe it to be true in any respect. To the fourth, down to and including the words about the truth of its contents, she believes that she never spoke any of the alleged words at the time and place pleaded. Consequently Margaret or William could not have been present or privy to them. Otherwise she refers herself to the law and does not believe the article to be true in any respect. To the fifth and sixth, she does not believe them to be true in any respect. To the seventh, she believes it to be true. To the eighth, she believes the admitted matters and denies the denied matters. Mary Atkinson's mark.
28 June 1632. [Confirmation/repetition subscription, possibly Robinson, uncertain.] Anne Kippax of Bolton in Craven, Yorkshire, spinster, approximately 21 years old, produced, admitted, sworn and examined on the libel exhibited on Margaret Awcocke's behalf against Mary Atkinson. First asked about her knowledge of the parties, she says she has known both for approximately three years. On the first article, she refers herself to the provincial constitution and the law, and knows nothing further to depose. She is not examined on the second because the defendant admits it. On the third, she says she was a servant to Mr Francis Malham of Elslack. Between haytime and harvest in the previous year, Mary Atkinson came to Malham’s house. Mary was nursing a child of Malham’s. Mary came into the chamber where Anne and her mistress, Malham’s wife, were and seemed to want to speak to the mistress. Anne perceived this and left the chamber. When Anne returned, her mistress told her that the child she had nursing with Atkinson’s wife was unwell, and that Mary had said Margaret Awcocke caused it, was a witch and had an evil eye. Some connecting and cancelled words remain unresolved. This portion is Anne’s report of what her mistress told her, not speech Anne directly heard from Mary. Anne continues that, shortly afterwards, Mary returned to Malham’s house in Elslack. Anne asked how her master’s child, whom Mary was nursing, was, calling the child Richard. Mary answered that it was unwell but she hoped it was improving. Anne asked what she thought might be the cause of its condition [the manuscript cancels “not thriveing” before “well”; the resulting syntax is irregular]. Mary answered that Awcock’s wife, meaning Margaret, was the cause, and added that Margaret was a naughty bad woman and had an evil eye. Anne knows nothing further to depose. On the fourth article, she knows nothing to depose, except that neither Margaret nor her husband was present when Mary uttered the words Anne has described. On the fifth, she knows nothing beyond what she has already deposed in this cause. On the sixth, she refers herself to the law and knows nothing further to depose. She is not examined on the seventh because the defendant admits it. On the eighth, she affirms the truth of what she has deposed. [Some routine witness qualifications are contracted or unread.] She is neither related by blood nor marriage [the manuscript then uses “etc.”] and does not care about the outcome provided justice is done. Anne Kippax's mark and name.
[Marginal subscription] Andr: [H...; surname unresolved]. In dei nomine amen Coram vobis venerabili viro Gulielmo Easdall Legum Doctore Almae Curiae Cons[istorialis] Ebor[acensis] Officiali principali [unread contracted phrase] deputato aut alio Judice in hac parte competenti quorum[que?] ex parte discretae mulieris Margarettae Awcocke uxoris Will[iel]mi Awcocke contra et adversus Mariam Atkinson ux[orem] Francisci Atkinson de Elslacke parochiae de Broughton dioc[esis] Ebor[acensis] Ac con[tra] quemcunque alium pro eadem coram vobis in judicio [unread] intervenientem Ad omnem tam juris quam facti effectum exinde quovismodo sequi valent[em] omni meliori via modo et juris forma quibus melius aut efficacius de jure potuit aut potest dicit allegat et in hiis scriptis conjunctim divisim et articulatim de jure proponit prout sequitur. 1. In primis ponit et articulat Quod fuit et est quaedam Constitutio provincialis hujus Regni Angliae [unread contracted phrase] vi[delicet] per [unread] omnes et singuli hujus Regni Angliae subditi tenentur et ligantur in qua quidem constitutione provinciali omnes illi qui quavis causa odii vel favoris aut alia quacunque de causa alicui malitiose crimen imponunt unde infamatur si apud bonos et graves [unread contraction] in saltem [compurgationem?] indictam vel aliam [unread] fuerunt et sunt sententia majoris excommunicationis [innodati?] atque [unread] Ponit tamen de tali forma Constitutionis provincialis quod et quantum in eventu hujus litis probabitur conjunctim divisim et de quolibet. 2. Item ponit et articulat Quod dicta Margaretta Awcocke per spatium quatuor quinque vel septem annorum jam ultimo praeteritorum retroque etiam fuit et est mulier honesta bonae famae vitae et conversationis honestae nulloque crimine (saltem notorio) aspersa diffamata vel aliqua [unread] (Salvis infra dicendis) Ac eodem tempore fuit et est pro unica et [unread] Will[iel]mi Awcocke praedicti [unread] honesta et laudabili per totum tempus praedictum vivit modoque in praesenti vivit Ac pro tali et ut talis fuit et est [unread] habita vocata et reputata palam publice et notorie infra praedictam de Broughton aliisque loca vicina Et ponit ut supra. 3. Item ponit et articulat Quod Praemissis non obstantibus dicta Maria Atkinson mensibus Maij Junij Julij Augusti Septembris Octobris Novembris et Decembris Anno domini 1629 [unread connecting words] infra villam de Elslacke ac praedictam de Broughton praedictae dioc[eseos] Ebor[acensis] aliisque loca vicina malitiose ac animo diffamandi praefatam Margarettam Awcocke uxorem Will[iel]mi Awcocke ipsam diffamavit et injuriavit nonnullaque verba opprobriosa injuriosa rixosa contumeliosa ac diffamatoria [Article 3 continued] dictae Margarettae Awcocke seu de eadem emisit dixit protulit et asseruit et praecipue haec verba Anglica sequentia seu alia eis in effectu consimilia vizt: “the articulate Francis Atkinson husband of the said Mary Atkinson being indebted to William Awcocke husband of the said Margarett Awcocke in a certaine sume of money she the said Margarett Awcocke within the tyme aforesaid And namely about Michaelmas was two yeares wente to the said Francis Atkinsons house in Elslacke to demaunde the said money And one Mr Francis Malham havinge then a childe at nurseinge with the said Marye Atkinson att her husbands house she the said Marye Atkinson shortly after that the said Margarett Awcocke had beene att her house went to the house of the said Mr Malham And said and reported (licet falso) That the said Margarett Awcocke was a witch and had an ill eye And that the said Mr Malham Childe did never like after she the said Margarett Awcocke did see it And further affirmed and said That she the said Mary Atkinson did verelie beleeve That the said Margarett Awcocke was a witch and that she had an ill eye and had bewitched or fore-spoken the said Mr Malham Childe.” Ponit tamen de ac talis et tanto tempore modo et forma verborum quod et quantum in eventu hujus litis probabitur conjunctim divisim et de quolibet. 4. Item ponit et articulat Quod neque dicta Margaretta Awcocke neque praefatus Will[iel]mus Awcocke subarticulatis tempore et loco prolationis verborum diffamatoriorum praedictorum cum dicta Maria Atkinson praesentes personaliter interfuerunt Et quod [unread phrase concerning report or knowledge of the words and their utterance] ad aures et notitiam dictae Margarettae Awcocke et praefati Will[iel]mi Awcocke mariti sui infra duos menses saltem intra Annum [unread connecting words] Et super veritate contentorum in hujus articulo pars dictae Margarettae Awcocke obtulit se [unread contraction] et paratam ad faciend[um] fidem per juramentum suum vel al[ite]r juxta juris in hac parte exigentiam Et ponit ut supra. 5. Item ponit et articulat Quod post praemissa dicta Maria Atkinson coram testibus fide dignis in praesentia nonnullorum testium fide dignorum ad [unread] hujus verbi diffamatoria dictae Margarettae Awcocke seu de eadem dixisse emisisse ac tulisse et asseruisse confessa fuit et est ac recognovit Et ponit ut supra. 6. Item ponit et articulat Quod ratione et praetextu prolationis hujus verborum diffamatorum status bona fama et opinio ipsius Margarettae Awcocke [Article 6 continued] apud bonos et graves penes quos prius extiterat bonae famae et opinionis illicite graviter et enormiter laeduntur et diminuuntur Ac de verisimili plus laedentur in futurum Et ponit ut supra. 7. Item ponit et articulat Quod de et super praemissis dicta Maria Atkinson ux[or] Francisci Atkinson fuit et est de Elslacke parochiae de Broughton dioc[esis] Ebor[acensis] ac juxta [unread contraction] jurisdictionis Et ponit ut supra. 8. Item ponit et articulat Quod de et super praemissis omnibus et singulis fuit et est publica vox et fama in locis praenominatis aliisque locis vicinis Et ponit ut supra. Unde facta fide de praemissis de jure requisita petit pars dictae Margarettae Awcocke praefatam Mariam Atkinson ex verbis diffamatoriis seu rixosis articulatis omnibus et singulis seu saltem eorum aliqua contra eandem Margarettam Awcocke [unread contraction] dixisse et [unread] eamque [unread] diffamasse et injuriasse dictamque Mariam Atkinson pro tanto temeritatis suae excessu in praemissis in sententiam majoris excom[municationis] juxta formam constitutionis praedictae in [unread] [unread clause on observing that sentence until absolution] corrigi et puniendam fore et debere Necnon in expensis ex parte et per partem dictae Margarettae Awcocke factis et fiendis condemnari condemnandamque ad debitam solutionem earundem efficaciter cogi et compelli atque vobis [unread] in praemissis omnibus et singulis [unread] ministrari per vos et vestram Sententiam definitivam [unread] Quo petit et fieri petit pars dictae Margarettae Awcocke conjunctim et divisim non arctans se ad omnia et singula praemissa probanda nec ad onus superfluae probationis de quo protestatur sed quantum probabit in praemissis obtineat in petitis juris beneficio in omnibus semper Salvo vestrum officium domine Judex antedicte humiliter implorando. Salvo jure &c. Et protestatur &c.
CP.H.1961 manuscript, Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1., Borthwick Institute for Archives, University of York CP.H.1961, CP.H.1961; images 2–3 (Latin and English)
[31?] Maij 1632. W: Easdall. Responsiones personales Mariae Atkinson uxoris Francisci Atkinson factae positionibus et articulis Libelli ex parte Margarettae Awcocke uxoris Will[iel]mi Awcocke con[tra] eam dati et exhibiti. Ad primam positionem respondendo refert se ad Constitutionem Provincialem articulatam (si qua talis sit) et ad jura Et al[ite]r non credit eandem esse veram in aliquo. Ad secundam positionem respondendo credit eandem esse veram. Ad tertiam positionem respondendo non credit eandem esse veram in aliquo. Ad quartam positionem usque ad haec verba (Et super veritate contentorum) inclusive respondendo credit That this Rend[en]t never spoke any of the wordes praedict[as] the tyme and place articulate And therefore the said Margarett Awcocke or William Awcocke her husband articulate was not or could be p[rese]nt or privie thereunto. Et al[ite]r respondendo ad jura non credit eandem esse veram in aliquo. Ad quintam et sextam positiones respondendo non credit easdem esse veras in aliquo. Ad septimam positionem respondendo credit eandem esse veram. Ad octavam positionem respondendo credit de Creditis et negat de negatis. Signum Mariae [cross] Atkinson.
CP.H.1961 manuscript, Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1., Borthwick Institute for Archives, University of York CP.H.1961, CP.H.1961; image 4 right (Latin and English)
Vicesimo octavo Junij 1632. Repet[it] [Robinson? contracted subscription]. Anna Kippax de Bolton in Craven in Com[itatu] Ebor[acensi] Spinster aetatis suae Viginti unius annorum aut eo circiter testis super positionibus et articulis Libelli ex parte et pro parte Margarettae Awcocke ux[oris] Will[iel]mi Awcocke con[tra] Mariam Atkinson exhibiti producta admissa jurata [unread] et primo de notitia partium [unread] dicit quod dictam Margarettam Awcocke per tres annos aut eo circiter et dictam Mariam Atkinson per idem tempus novit. Super primo art[icu]lo exa[minata] dicit quod refert se ad Constitutionem provincialem articulatam et in jura Et al[ite]r nescit deponere. Super secundo art[icu]lo non Examinatur quia pars rea fatetur. Super tertio art[icu]lo exa[minata] dicit that she this ex[amina]te [deleted: being?] servaunt to Mr Frauncis Malham of Elslacke [unread connecting abbreviation] the ar[ticula]te Marie Atkinson betwixte hay time and harvest in the yeare last came to the house of the said Mr Malham (she having at that time a childe to nurse of the said Mr Malhams) and comeing into the Chamber where this ex[amina]te and her m[ist]ris wife to the said Mr Malham were seemed to be desirous to speake some what to this ex[amina]tes m[ist]ris (which this ex[amina]te perceiving went her way) forth of the Chamber, and saith that upon this ex[amina]tes comeing againe to her said m[ist]ris, her m[ist]ris told her that the childe (which she had at nurseing with the said Atkinsons wife was not well and that [deleted words] the said Marie Atkinson had told her that the ar[ticula]te Margarett Awcocke was the cause of it, and that she was a witch and had an evill ey &c.) And saith that shortly after that the said Marie Atkinson comeing againe to the [Image 6 left] house of this ex[amina]tes said maister in Elslacke ar[ticula]te she this ex[amina]te asked her [cancelled words] Howe her said maisters childe did which she then had at nurseing, calling it by the name of Richard, to which she answered that it was not well, but that she hoped that it mended, whereupon this ex[amina]te asked what she thought might be the cause of its [deleted: not thriveing] well, to which the said Marie Atkinson answered that Awcocke wife, meaninge the ar[ticula]te Margarett Awcocke was the cause thereof, saying moreover that she the said Margarett Awcocke was a naughtie bad woman and had an ill ey Et al[ite]r nescit deponere. Super quarto art[icu]lo exa[minata] dicit quod nescit deponere Saving she saith that neither she the Margarett Awcocke nor her husband were p[rese]nt when she the said Mary Atkinson uttered the words predeposed upon by this dep[onen]t. Super quinto art[icu]lo exa[minata] dicit quod nescit deponere aliter quam prius deposuit in hac causa. Super sexto art[icu]lo exa[minata] dicit quod refert se ad jura Et al[ite]r nescit deponere. Super septimo art[icu]lo non ex[aminatur] quia pars Rea fatetur. Super octavo art[icu]lo exa[minata] dicit quod praedeposita per eam sunt vera [unread contracted witness qualification] nec consanguis aut affinis &c. nec curat &c. dummodo fiat Justitia. [Mark and subscription] A K Anne Kippax. [Image 6 right blank facing sheet.]
CP.H.1961 manuscript, Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1., Borthwick Institute for Archives, University of York CP.H.1961, CP.H.1961; images 5–6 (Latin and English)
Comparison of sources: Corrected readings and names
Original-image collation reads Richard rather than Edward, Awcocke wife rather than vake, and not well rather than indifferell. The libel has Mr Francis Malham, not Mrs Frances. Reputation is pleaded for four, five or seven years. Article four pleads Margaret and William’s absence from the utterance and offers oath proof; it does not describe a subsequent encounter or establish that an oath was administered. Surname Alcock is the catalogue heading; Awcocke and Awcock remain the documentary spellings.
[Marginal subscription] Andrew [surname unresolved]. In the name of God, Amen. Before William Easdall, Doctor of Laws and principal official of York's consistory court, his deputy or another competent judge, the pleading is made on behalf of Margaret Awcocke, wife of William Awcocke, against Mary, wife of Francis Atkinson, of Elslack in Broughton parish, diocese of York. It proceeds by the available legal and factual means and proposes the following articles jointly, separately and individually. [Some title and connecting contractions remain unresolved.] 1. The pleading invokes a provincial constitution binding subjects of England. It alleges that maliciously imposing a crime on someone through hatred, favour or another motive, thereby defaming that person among respectable people, attracts major excommunication under that constitution. [The wording of the constitution, its precise conditions and several contracted phrases remain unread; this is not identification of a particular canon or a definitive legal construction.] Its form is reserved to what can be proved during the suit. 2. Margaret is alleged to have been and still to be an honest woman, of good reputation, life and conduct, unstained by notorious crime, except for the matters subsequently pleaded, and an honest wife of William Awcocke. She has been publicly regarded as such in Broughton and neighbouring places. The pleading gives alternative periods of four, five or seven years. 3. Notwithstanding that, Mary Atkinson is alleged, in the stated months from May to December of the year written 1629 and related times [some connecting wording is unresolved], in Elslack, Broughton and neighbouring places, maliciously and intending to defame and injure Margaret, to have spoken and asserted reproachful, injurious, quarrelsome, contemptuous and defamatory words about her. The English narrative says that Francis Atkinson owed William Awcocke money. Around Michaelmas two years previously, Margaret went to Francis's house in Elslack to demand it. Mr Francis Malham had a child being nursed by Mary Atkinson there. Shortly after Margaret's visit, Mary went to Mr Malham and said—according to this pleading, falsely—that Margaret was a witch and had an evil eye; that the child had not thrived since Margaret saw it; and that Mary truly believed Margaret had bewitched or “forespoken” the child. The pleading reserves the precise time, manner and wording to proof. 4. The pleading states that neither Margaret nor William Awcocke was personally present with Mary Atkinson at the pleaded time and place when the defamatory words were uttered. The article refers to the words or their utterance coming to Margaret’s and William’s knowledge within two months, or at least within a year [the precise connecting phrase remains unread]. Margaret’s side offers proof of the article’s contents by her oath or otherwise as the law requires. [Some verbs and connecting contractions remain unresolved; this is not evidence that an oath was administered.] 5. Mary is alleged subsequently to have confessed and acknowledged before trustworthy witnesses that she spoke and asserted these defamatory words about Margaret. [Several words concerning the witnesses remain unread.] 6. These defamatory words are alleged to have unlawfully and grievously harmed Margaret's standing and good reputation among respectable people, with further harm likely. 7. Mary, wife of Francis Atkinson, was and is of Elslack in Broughton parish, diocese of York, and subject to the court's jurisdiction. [The contracted connecting phrase remains unresolved.] 8. There was and is public report and reputation about these matters in the named and neighbouring places. On legally sufficient proof, Margaret's side asks for a finding that Mary spoke the defamatory words, or some of them, and defamed and injured Margaret. It seeks the consequences of the pleaded provincial constitution, ecclesiastical correction and punishment, and condemnation in expenses with effective payment. [The exact proposed excommunication and absolution clauses are not fully read and are not silently completed.] The party asks for relief to the extent it proves its case, without assuming an unnecessary burden of proving every point, with the benefit of law reserved, and invokes the judge's office. Saving rights, etc.; the party protests, etc.
28 June 1632. [Confirmation/repetition subscription, possibly Robinson, uncertain.] Anne Kippax of Bolton in Craven, Yorkshire, spinster, approximately 21 years old, produced, admitted, sworn and examined on the libel exhibited on Margaret Awcocke's behalf against Mary Atkinson. First asked about her knowledge of the parties, she says she has known both for approximately three years. On the first article, she refers herself to the provincial constitution and the law, and knows nothing further to depose. She is not examined on the second because the defendant admits it. On the third, she says she was a servant to Mr Francis Malham of Elslack. Between haytime and harvest in the previous year, Mary Atkinson came to Malham’s house. Mary was nursing a child of Malham’s. Mary came into the chamber where Anne and her mistress, Malham’s wife, were and seemed to want to speak to the mistress. Anne perceived this and left the chamber. When Anne returned, her mistress told her that the child she had nursing with Atkinson’s wife was unwell, and that Mary had said Margaret Awcocke caused it, was a witch and had an evil eye. Some connecting and cancelled words remain unresolved. This portion is Anne’s report of what her mistress told her, not speech Anne directly heard from Mary. Anne continues that, shortly afterwards, Mary returned to Malham’s house in Elslack. Anne asked how her master’s child, whom Mary was nursing, was, calling the child Richard. Mary answered that it was unwell but she hoped it was improving. Anne asked what she thought might be the cause of its condition [the manuscript cancels “not thriveing” before “well”; the resulting syntax is irregular]. Mary answered that Awcock’s wife, meaning Margaret, was the cause, and added that Margaret was a naughty bad woman and had an evil eye. Anne knows nothing further to depose. On the fourth article, she knows nothing to depose, except that neither Margaret nor her husband was present when Mary uttered the words Anne has described. On the fifth, she knows nothing beyond what she has already deposed in this cause. On the sixth, she refers herself to the law and knows nothing further to depose. She is not examined on the seventh because the defendant admits it. On the eighth, she affirms the truth of what she has deposed. [Some routine witness qualifications are contracted or unread.] She is neither related by blood nor marriage [the manuscript then uses “etc.”] and does not care about the outcome provided justice is done. Anne Kippax's mark and name.
Image Title: CP.H.1961 Court: Consistory Case: Defamation (witchcraft) Details: 3 Pieces; Has deposition; Has libel; No sentence Date: 31/5/1632 — 28/6/1632 Parties Mentioned: Margaret Alcock [Awcocke], plaintiff, female; wife of William Alcock Mary Atkinson [Atkinson], defendant, female; wife of Francis Atkinson Witnesses: Anne Kippax [Kippax], witness, male; 21; spinster Places: Broughton (Broughton (YorkshireWestRiding)) - ecclesiastical parish
York Cause Papers catalogue CP.H.1961, n.d., Saved York repository manifest CP.H.1961, metadata: Consistory; three pieces; deposition and libel; no sentence; 31 May–28 June 1632., CP.H.1961; saved manifest metadata · context
[Marginal subscription] Andr: [H...; surname unresolved]. In dei nomine amen Coram vobis venerabili viro Gulielmo Easdall Legum Doctore Almae Curiae Cons[istorialis] Ebor[acensis] Officiali principali [unread contracted phrase] deputato aut alio Judice in hac parte competenti quorum[que?] ex parte discretae mulieris Margarettae Awcocke uxoris Will[iel]mi Awcocke contra et adversus Mariam Atkinson ux[orem] Francisci Atkinson de Elslacke parochiae de Broughton dioc[esis] Ebor[acensis] Ac con[tra] quemcunque alium pro eadem coram vobis in judicio [unread] intervenientem Ad omnem tam juris quam facti effectum exinde quovismodo sequi valent[em] omni meliori via modo et juris forma quibus melius aut efficacius de jure potuit aut potest dicit allegat et in hiis scriptis conjunctim divisim et articulatim de jure proponit prout sequitur. 1. In primis ponit et articulat Quod fuit et est quaedam Constitutio provincialis hujus Regni Angliae [unread contracted phrase] vi[delicet] per [unread] omnes et singuli hujus Regni Angliae subditi tenentur et ligantur in qua quidem constitutione provinciali omnes illi qui quavis causa odii vel favoris aut alia quacunque de causa alicui malitiose crimen imponunt unde infamatur si apud bonos et graves [unread contraction] in saltem [compurgationem?] indictam vel aliam [unread] fuerunt et sunt sententia majoris excommunicationis [innodati?] atque [unread] Ponit tamen de tali forma Constitutionis provincialis quod et quantum in eventu hujus litis probabitur conjunctim divisim et de quolibet. 2. Item ponit et articulat Quod dicta Margaretta Awcocke per spatium quatuor quinque vel septem annorum jam ultimo praeteritorum retroque etiam fuit et est mulier honesta bonae famae vitae et conversationis honestae nulloque crimine (saltem notorio) aspersa diffamata vel aliqua [unread] (Salvis infra dicendis) Ac eodem tempore fuit et est pro unica et [unread] Will[iel]mi Awcocke praedicti [unread] honesta et laudabili per totum tempus praedictum vivit modoque in praesenti vivit Ac pro tali et ut talis fuit et est [unread] habita vocata et reputata palam publice et notorie infra praedictam de Broughton aliisque loca vicina Et ponit ut supra. 3. Item ponit et articulat Quod Praemissis non obstantibus dicta Maria Atkinson mensibus Maij Junij Julij Augusti Septembris Octobris Novembris et Decembris Anno domini 1629 [unread connecting words] infra villam de Elslacke ac praedictam de Broughton praedictae dioc[eseos] Ebor[acensis] aliisque loca vicina malitiose ac animo diffamandi praefatam Margarettam Awcocke uxorem Will[iel]mi Awcocke ipsam diffamavit et injuriavit nonnullaque verba opprobriosa injuriosa rixosa contumeliosa ac diffamatoria [Article 3 continued] dictae Margarettae Awcocke seu de eadem emisit dixit protulit et asseruit et praecipue haec verba Anglica sequentia seu alia eis in effectu consimilia vizt: “the articulate Francis Atkinson husband of the said Mary Atkinson being indebted to William Awcocke husband of the said Margarett Awcocke in a certaine sume of money she the said Margarett Awcocke within the tyme aforesaid And namely about Michaelmas was two yeares wente to the said Francis Atkinsons house in Elslacke to demaunde the said money And one Mr Francis Malham havinge then a childe at nurseinge with the said Marye Atkinson att her husbands house she the said Marye Atkinson shortly after that the said Margarett Awcocke had beene att her house went to the house of the said Mr Malham And said and reported (licet falso) That the said Margarett Awcocke was a witch and had an ill eye And that the said Mr Malham Childe did never like after she the said Margarett Awcocke did see it And further affirmed and said That she the said Mary Atkinson did verelie beleeve That the said Margarett Awcocke was a witch and that she had an ill eye and had bewitched or fore-spoken the said Mr Malham Childe.” Ponit tamen de ac talis et tanto tempore modo et forma verborum quod et quantum in eventu hujus litis probabitur conjunctim divisim et de quolibet. 4. Item ponit et articulat Quod neque dicta Margaretta Awcocke neque praefatus Will[iel]mus Awcocke subarticulatis tempore et loco prolationis verborum diffamatoriorum praedictorum cum dicta Maria Atkinson praesentes personaliter interfuerunt Et quod [unread phrase concerning report or knowledge of the words and their utterance] ad aures et notitiam dictae Margarettae Awcocke et praefati Will[iel]mi Awcocke mariti sui infra duos menses saltem intra Annum [unread connecting words] Et super veritate contentorum in hujus articulo pars dictae Margarettae Awcocke obtulit se [unread contraction] et paratam ad faciend[um] fidem per juramentum suum vel al[ite]r juxta juris in hac parte exigentiam Et ponit ut supra. 5. Item ponit et articulat Quod post praemissa dicta Maria Atkinson coram testibus fide dignis in praesentia nonnullorum testium fide dignorum ad [unread] hujus verbi diffamatoria dictae Margarettae Awcocke seu de eadem dixisse emisisse ac tulisse et asseruisse confessa fuit et est ac recognovit Et ponit ut supra. 6. Item ponit et articulat Quod ratione et praetextu prolationis hujus verborum diffamatorum status bona fama et opinio ipsius Margarettae Awcocke [Article 6 continued] apud bonos et graves penes quos prius extiterat bonae famae et opinionis illicite graviter et enormiter laeduntur et diminuuntur Ac de verisimili plus laedentur in futurum Et ponit ut supra. 7. Item ponit et articulat Quod de et super praemissis dicta Maria Atkinson ux[or] Francisci Atkinson fuit et est de Elslacke parochiae de Broughton dioc[esis] Ebor[acensis] ac juxta [unread contraction] jurisdictionis Et ponit ut supra. 8. Item ponit et articulat Quod de et super praemissis omnibus et singulis fuit et est publica vox et fama in locis praenominatis aliisque locis vicinis Et ponit ut supra. Unde facta fide de praemissis de jure requisita petit pars dictae Margarettae Awcocke praefatam Mariam Atkinson ex verbis diffamatoriis seu rixosis articulatis omnibus et singulis seu saltem eorum aliqua contra eandem Margarettam Awcocke [unread contraction] dixisse et [unread] eamque [unread] diffamasse et injuriasse dictamque Mariam Atkinson pro tanto temeritatis suae excessu in praemissis in sententiam majoris excom[municationis] juxta formam constitutionis praedictae in [unread] [unread clause on observing that sentence until absolution] corrigi et puniendam fore et debere Necnon in expensis ex parte et per partem dictae Margarettae Awcocke factis et fiendis condemnari condemnandamque ad debitam solutionem earundem efficaciter cogi et compelli atque vobis [unread] in praemissis omnibus et singulis [unread] ministrari per vos et vestram Sententiam definitivam [unread] Quo petit et fieri petit pars dictae Margarettae Awcocke conjunctim et divisim non arctans se ad omnia et singula praemissa probanda nec ad onus superfluae probationis de quo protestatur sed quantum probabit in praemissis obtineat in petitis juris beneficio in omnibus semper Salvo vestrum officium domine Judex antedicte humiliter implorando. Salvo jure &c. Et protestatur &c.
CP.H.1961 manuscript, Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1., Borthwick Institute for Archives, University of York CP.H.1961, CP.H.1961; images 2–3 (Latin and English)
Vicesimo octavo Junij 1632. Repet[it] [Robinson? contracted subscription]. Anna Kippax de Bolton in Craven in Com[itatu] Ebor[acensi] Spinster aetatis suae Viginti unius annorum aut eo circiter testis super positionibus et articulis Libelli ex parte et pro parte Margarettae Awcocke ux[oris] Will[iel]mi Awcocke con[tra] Mariam Atkinson exhibiti producta admissa jurata [unread] et primo de notitia partium [unread] dicit quod dictam Margarettam Awcocke per tres annos aut eo circiter et dictam Mariam Atkinson per idem tempus novit. Super primo art[icu]lo exa[minata] dicit quod refert se ad Constitutionem provincialem articulatam et in jura Et al[ite]r nescit deponere. Super secundo art[icu]lo non Examinatur quia pars rea fatetur. Super tertio art[icu]lo exa[minata] dicit that she this ex[amina]te [deleted: being?] servaunt to Mr Frauncis Malham of Elslacke [unread connecting abbreviation] the ar[ticula]te Marie Atkinson betwixte hay time and harvest in the yeare last came to the house of the said Mr Malham (she having at that time a childe to nurse of the said Mr Malhams) and comeing into the Chamber where this ex[amina]te and her m[ist]ris wife to the said Mr Malham were seemed to be desirous to speake some what to this ex[amina]tes m[ist]ris (which this ex[amina]te perceiving went her way) forth of the Chamber, and saith that upon this ex[amina]tes comeing againe to her said m[ist]ris, her m[ist]ris told her that the childe (which she had at nurseing with the said Atkinsons wife was not well and that [deleted words] the said Marie Atkinson had told her that the ar[ticula]te Margarett Awcocke was the cause of it, and that she was a witch and had an evill ey &c.) And saith that shortly after that the said Marie Atkinson comeing againe to the [Image 6 left] house of this ex[amina]tes said maister in Elslacke ar[ticula]te she this ex[amina]te asked her [cancelled words] Howe her said maisters childe did which she then had at nurseing, calling it by the name of Richard, to which she answered that it was not well, but that she hoped that it mended, whereupon this ex[amina]te asked what she thought might be the cause of its [deleted: not thriveing] well, to which the said Marie Atkinson answered that Awcocke wife, meaninge the ar[ticula]te Margarett Awcocke was the cause thereof, saying moreover that she the said Margarett Awcocke was a naughtie bad woman and had an ill ey Et al[ite]r nescit deponere. Super quarto art[icu]lo exa[minata] dicit quod nescit deponere Saving she saith that neither she the Margarett Awcocke nor her husband were p[rese]nt when she the said Mary Atkinson uttered the words predeposed upon by this dep[onen]t. Super quinto art[icu]lo exa[minata] dicit quod nescit deponere aliter quam prius deposuit in hac causa. Super sexto art[icu]lo exa[minata] dicit quod refert se ad jura Et al[ite]r nescit deponere. Super septimo art[icu]lo non ex[aminatur] quia pars Rea fatetur. Super octavo art[icu]lo exa[minata] dicit quod praedeposita per eam sunt vera [unread contracted witness qualification] nec consanguis aut affinis &c. nec curat &c. dummodo fiat Justitia. [Mark and subscription] A K Anne Kippax. [Image 6 right blank facing sheet.]
CP.H.1961 manuscript, Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1., Borthwick Institute for Archives, University of York CP.H.1961, CP.H.1961; images 5–6 (Latin and English)
Context: Brown and the interpretation of testimony
James Brown’s 2016 discussion places this cause within ecclesiastical defamation litigation and stresses mediation by “the legal procedures of courts and clerks”. His suggestion of an angry glance and local fear is interpretation, not a witnessed action established here. The libel makes Francis Atkinson debtor to William Awcocke; Brown’s husband names and debt discussion are inconsistent with it. Brown gives 8 June for Anne’s testimony; the manuscript says 28 June, as does the catalogue. His Richard and Awcock’s wife agree with the inspected image. The article is case-specific modern discussion, not independent contemporary corroboration. Reference: section The Bewitching of Richard Malham, paragraphs beginning Mary’s husband, Although Mary, And saith, As is now well established and As is so often; retrieved 26 October 2026.
[Marginal subscription] Andrew [surname unresolved]. In the name of God, Amen. Before William Easdall, Doctor of Laws and principal official of York's consistory court, his deputy or another competent judge, the pleading is made on behalf of Margaret Awcocke, wife of William Awcocke, against Mary, wife of Francis Atkinson, of Elslack in Broughton parish, diocese of York. It proceeds by the available legal and factual means and proposes the following articles jointly, separately and individually. [Some title and connecting contractions remain unresolved.] 1. The pleading invokes a provincial constitution binding subjects of England. It alleges that maliciously imposing a crime on someone through hatred, favour or another motive, thereby defaming that person among respectable people, attracts major excommunication under that constitution. [The wording of the constitution, its precise conditions and several contracted phrases remain unread; this is not identification of a particular canon or a definitive legal construction.] Its form is reserved to what can be proved during the suit. 2. Margaret is alleged to have been and still to be an honest woman, of good reputation, life and conduct, unstained by notorious crime, except for the matters subsequently pleaded, and an honest wife of William Awcocke. She has been publicly regarded as such in Broughton and neighbouring places. The pleading gives alternative periods of four, five or seven years. 3. Notwithstanding that, Mary Atkinson is alleged, in the stated months from May to December of the year written 1629 and related times [some connecting wording is unresolved], in Elslack, Broughton and neighbouring places, maliciously and intending to defame and injure Margaret, to have spoken and asserted reproachful, injurious, quarrelsome, contemptuous and defamatory words about her. The English narrative says that Francis Atkinson owed William Awcocke money. Around Michaelmas two years previously, Margaret went to Francis's house in Elslack to demand it. Mr Francis Malham had a child being nursed by Mary Atkinson there. Shortly after Margaret's visit, Mary went to Mr Malham and said—according to this pleading, falsely—that Margaret was a witch and had an evil eye; that the child had not thrived since Margaret saw it; and that Mary truly believed Margaret had bewitched or “forespoken” the child. The pleading reserves the precise time, manner and wording to proof. 4. The pleading states that neither Margaret nor William Awcocke was personally present with Mary Atkinson at the pleaded time and place when the defamatory words were uttered. The article refers to the words or their utterance coming to Margaret’s and William’s knowledge within two months, or at least within a year [the precise connecting phrase remains unread]. Margaret’s side offers proof of the article’s contents by her oath or otherwise as the law requires. [Some verbs and connecting contractions remain unresolved; this is not evidence that an oath was administered.] 5. Mary is alleged subsequently to have confessed and acknowledged before trustworthy witnesses that she spoke and asserted these defamatory words about Margaret. [Several words concerning the witnesses remain unread.] 6. These defamatory words are alleged to have unlawfully and grievously harmed Margaret's standing and good reputation among respectable people, with further harm likely. 7. Mary, wife of Francis Atkinson, was and is of Elslack in Broughton parish, diocese of York, and subject to the court's jurisdiction. [The contracted connecting phrase remains unresolved.] 8. There was and is public report and reputation about these matters in the named and neighbouring places. On legally sufficient proof, Margaret's side asks for a finding that Mary spoke the defamatory words, or some of them, and defamed and injured Margaret. It seeks the consequences of the pleaded provincial constitution, ecclesiastical correction and punishment, and condemnation in expenses with effective payment. [The exact proposed excommunication and absolution clauses are not fully read and are not silently completed.] The party asks for relief to the extent it proves its case, without assuming an unnecessary burden of proving every point, with the benefit of law reserved, and invokes the judge's office. Saving rights, etc.; the party protests, etc.
28 June 1632. [Confirmation/repetition subscription, possibly Robinson, uncertain.] Anne Kippax of Bolton in Craven, Yorkshire, spinster, approximately 21 years old, produced, admitted, sworn and examined on the libel exhibited on Margaret Awcocke's behalf against Mary Atkinson. First asked about her knowledge of the parties, she says she has known both for approximately three years. On the first article, she refers herself to the provincial constitution and the law, and knows nothing further to depose. She is not examined on the second because the defendant admits it. On the third, she says she was a servant to Mr Francis Malham of Elslack. Between haytime and harvest in the previous year, Mary Atkinson came to Malham’s house. Mary was nursing a child of Malham’s. Mary came into the chamber where Anne and her mistress, Malham’s wife, were and seemed to want to speak to the mistress. Anne perceived this and left the chamber. When Anne returned, her mistress told her that the child she had nursing with Atkinson’s wife was unwell, and that Mary had said Margaret Awcocke caused it, was a witch and had an evil eye. Some connecting and cancelled words remain unresolved. This portion is Anne’s report of what her mistress told her, not speech Anne directly heard from Mary. Anne continues that, shortly afterwards, Mary returned to Malham’s house in Elslack. Anne asked how her master’s child, whom Mary was nursing, was, calling the child Richard. Mary answered that it was unwell but she hoped it was improving. Anne asked what she thought might be the cause of its condition [the manuscript cancels “not thriveing” before “well”; the resulting syntax is irregular]. Mary answered that Awcock’s wife, meaning Margaret, was the cause, and added that Margaret was a naughty bad woman and had an evil eye. Anne knows nothing further to depose. On the fourth article, she knows nothing to depose, except that neither Margaret nor her husband was present when Mary uttered the words Anne has described. On the fifth, she knows nothing beyond what she has already deposed in this cause. On the sixth, she refers herself to the law and knows nothing further to depose. She is not examined on the seventh because the defendant admits it. On the eighth, she affirms the truth of what she has deposed. [Some routine witness qualifications are contracted or unread.] She is neither related by blood nor marriage [the manuscript then uses “etc.”] and does not care about the outcome provided justice is done. Anne Kippax's mark and name.
Image Title: CP.H.1961 Court: Consistory Case: Defamation (witchcraft) Details: 3 Pieces; Has deposition; Has libel; No sentence Date: 31/5/1632 — 28/6/1632 Parties Mentioned: Margaret Alcock [Awcocke], plaintiff, female; wife of William Alcock Mary Atkinson [Atkinson], defendant, female; wife of Francis Atkinson Witnesses: Anne Kippax [Kippax], witness, male; 21; spinster Places: Broughton (Broughton (YorkshireWestRiding)) - ecclesiastical parish
York Cause Papers catalogue CP.H.1961, n.d., Saved York repository manifest CP.H.1961, metadata: Consistory; three pieces; deposition and libel; no sentence; 31 May–28 June 1632., CP.H.1961; saved manifest metadata · context
the legal procedures of courts and clerks
James Brown, Margaret Alcock’s Evil Eye: Witchcraft Defamations in Early Modern England, 2016-10-31, James Brown, Margaret Alcock’s Evil Eye: Witchcraft Defamations in Early Modern England, Inner Lives, 31 October 2016; section The Bewitching of Richard Malham and paragraphs beginning Mary’s husband, Although Mary, And saith, As is now well established and As is so often. Retrieved 26 October 2026., Brown 2016; paragraph beginning As is now well established · context
[Marginal subscription] Andr: [H...; surname unresolved]. In dei nomine amen Coram vobis venerabili viro Gulielmo Easdall Legum Doctore Almae Curiae Cons[istorialis] Ebor[acensis] Officiali principali [unread contracted phrase] deputato aut alio Judice in hac parte competenti quorum[que?] ex parte discretae mulieris Margarettae Awcocke uxoris Will[iel]mi Awcocke contra et adversus Mariam Atkinson ux[orem] Francisci Atkinson de Elslacke parochiae de Broughton dioc[esis] Ebor[acensis] Ac con[tra] quemcunque alium pro eadem coram vobis in judicio [unread] intervenientem Ad omnem tam juris quam facti effectum exinde quovismodo sequi valent[em] omni meliori via modo et juris forma quibus melius aut efficacius de jure potuit aut potest dicit allegat et in hiis scriptis conjunctim divisim et articulatim de jure proponit prout sequitur. 1. In primis ponit et articulat Quod fuit et est quaedam Constitutio provincialis hujus Regni Angliae [unread contracted phrase] vi[delicet] per [unread] omnes et singuli hujus Regni Angliae subditi tenentur et ligantur in qua quidem constitutione provinciali omnes illi qui quavis causa odii vel favoris aut alia quacunque de causa alicui malitiose crimen imponunt unde infamatur si apud bonos et graves [unread contraction] in saltem [compurgationem?] indictam vel aliam [unread] fuerunt et sunt sententia majoris excommunicationis [innodati?] atque [unread] Ponit tamen de tali forma Constitutionis provincialis quod et quantum in eventu hujus litis probabitur conjunctim divisim et de quolibet. 2. Item ponit et articulat Quod dicta Margaretta Awcocke per spatium quatuor quinque vel septem annorum jam ultimo praeteritorum retroque etiam fuit et est mulier honesta bonae famae vitae et conversationis honestae nulloque crimine (saltem notorio) aspersa diffamata vel aliqua [unread] (Salvis infra dicendis) Ac eodem tempore fuit et est pro unica et [unread] Will[iel]mi Awcocke praedicti [unread] honesta et laudabili per totum tempus praedictum vivit modoque in praesenti vivit Ac pro tali et ut talis fuit et est [unread] habita vocata et reputata palam publice et notorie infra praedictam de Broughton aliisque loca vicina Et ponit ut supra. 3. Item ponit et articulat Quod Praemissis non obstantibus dicta Maria Atkinson mensibus Maij Junij Julij Augusti Septembris Octobris Novembris et Decembris Anno domini 1629 [unread connecting words] infra villam de Elslacke ac praedictam de Broughton praedictae dioc[eseos] Ebor[acensis] aliisque loca vicina malitiose ac animo diffamandi praefatam Margarettam Awcocke uxorem Will[iel]mi Awcocke ipsam diffamavit et injuriavit nonnullaque verba opprobriosa injuriosa rixosa contumeliosa ac diffamatoria [Article 3 continued] dictae Margarettae Awcocke seu de eadem emisit dixit protulit et asseruit et praecipue haec verba Anglica sequentia seu alia eis in effectu consimilia vizt: “the articulate Francis Atkinson husband of the said Mary Atkinson being indebted to William Awcocke husband of the said Margarett Awcocke in a certaine sume of money she the said Margarett Awcocke within the tyme aforesaid And namely about Michaelmas was two yeares wente to the said Francis Atkinsons house in Elslacke to demaunde the said money And one Mr Francis Malham havinge then a childe at nurseinge with the said Marye Atkinson att her husbands house she the said Marye Atkinson shortly after that the said Margarett Awcocke had beene att her house went to the house of the said Mr Malham And said and reported (licet falso) That the said Margarett Awcocke was a witch and had an ill eye And that the said Mr Malham Childe did never like after she the said Margarett Awcocke did see it And further affirmed and said That she the said Mary Atkinson did verelie beleeve That the said Margarett Awcocke was a witch and that she had an ill eye and had bewitched or fore-spoken the said Mr Malham Childe.” Ponit tamen de ac talis et tanto tempore modo et forma verborum quod et quantum in eventu hujus litis probabitur conjunctim divisim et de quolibet. 4. Item ponit et articulat Quod neque dicta Margaretta Awcocke neque praefatus Will[iel]mus Awcocke subarticulatis tempore et loco prolationis verborum diffamatoriorum praedictorum cum dicta Maria Atkinson praesentes personaliter interfuerunt Et quod [unread phrase concerning report or knowledge of the words and their utterance] ad aures et notitiam dictae Margarettae Awcocke et praefati Will[iel]mi Awcocke mariti sui infra duos menses saltem intra Annum [unread connecting words] Et super veritate contentorum in hujus articulo pars dictae Margarettae Awcocke obtulit se [unread contraction] et paratam ad faciend[um] fidem per juramentum suum vel al[ite]r juxta juris in hac parte exigentiam Et ponit ut supra. 5. Item ponit et articulat Quod post praemissa dicta Maria Atkinson coram testibus fide dignis in praesentia nonnullorum testium fide dignorum ad [unread] hujus verbi diffamatoria dictae Margarettae Awcocke seu de eadem dixisse emisisse ac tulisse et asseruisse confessa fuit et est ac recognovit Et ponit ut supra. 6. Item ponit et articulat Quod ratione et praetextu prolationis hujus verborum diffamatorum status bona fama et opinio ipsius Margarettae Awcocke [Article 6 continued] apud bonos et graves penes quos prius extiterat bonae famae et opinionis illicite graviter et enormiter laeduntur et diminuuntur Ac de verisimili plus laedentur in futurum Et ponit ut supra. 7. Item ponit et articulat Quod de et super praemissis dicta Maria Atkinson ux[or] Francisci Atkinson fuit et est de Elslacke parochiae de Broughton dioc[esis] Ebor[acensis] ac juxta [unread contraction] jurisdictionis Et ponit ut supra. 8. Item ponit et articulat Quod de et super praemissis omnibus et singulis fuit et est publica vox et fama in locis praenominatis aliisque locis vicinis Et ponit ut supra. Unde facta fide de praemissis de jure requisita petit pars dictae Margarettae Awcocke praefatam Mariam Atkinson ex verbis diffamatoriis seu rixosis articulatis omnibus et singulis seu saltem eorum aliqua contra eandem Margarettam Awcocke [unread contraction] dixisse et [unread] eamque [unread] diffamasse et injuriasse dictamque Mariam Atkinson pro tanto temeritatis suae excessu in praemissis in sententiam majoris excom[municationis] juxta formam constitutionis praedictae in [unread] [unread clause on observing that sentence until absolution] corrigi et puniendam fore et debere Necnon in expensis ex parte et per partem dictae Margarettae Awcocke factis et fiendis condemnari condemnandamque ad debitam solutionem earundem efficaciter cogi et compelli atque vobis [unread] in praemissis omnibus et singulis [unread] ministrari per vos et vestram Sententiam definitivam [unread] Quo petit et fieri petit pars dictae Margarettae Awcocke conjunctim et divisim non arctans se ad omnia et singula praemissa probanda nec ad onus superfluae probationis de quo protestatur sed quantum probabit in praemissis obtineat in petitis juris beneficio in omnibus semper Salvo vestrum officium domine Judex antedicte humiliter implorando. Salvo jure &c. Et protestatur &c.
CP.H.1961 manuscript, Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1., Borthwick Institute for Archives, University of York CP.H.1961, CP.H.1961; images 2–3 (Latin and English)
Vicesimo octavo Junij 1632. Repet[it] [Robinson? contracted subscription]. Anna Kippax de Bolton in Craven in Com[itatu] Ebor[acensi] Spinster aetatis suae Viginti unius annorum aut eo circiter testis super positionibus et articulis Libelli ex parte et pro parte Margarettae Awcocke ux[oris] Will[iel]mi Awcocke con[tra] Mariam Atkinson exhibiti producta admissa jurata [unread] et primo de notitia partium [unread] dicit quod dictam Margarettam Awcocke per tres annos aut eo circiter et dictam Mariam Atkinson per idem tempus novit. Super primo art[icu]lo exa[minata] dicit quod refert se ad Constitutionem provincialem articulatam et in jura Et al[ite]r nescit deponere. Super secundo art[icu]lo non Examinatur quia pars rea fatetur. Super tertio art[icu]lo exa[minata] dicit that she this ex[amina]te [deleted: being?] servaunt to Mr Frauncis Malham of Elslacke [unread connecting abbreviation] the ar[ticula]te Marie Atkinson betwixte hay time and harvest in the yeare last came to the house of the said Mr Malham (she having at that time a childe to nurse of the said Mr Malhams) and comeing into the Chamber where this ex[amina]te and her m[ist]ris wife to the said Mr Malham were seemed to be desirous to speake some what to this ex[amina]tes m[ist]ris (which this ex[amina]te perceiving went her way) forth of the Chamber, and saith that upon this ex[amina]tes comeing againe to her said m[ist]ris, her m[ist]ris told her that the childe (which she had at nurseing with the said Atkinsons wife was not well and that [deleted words] the said Marie Atkinson had told her that the ar[ticula]te Margarett Awcocke was the cause of it, and that she was a witch and had an evill ey &c.) And saith that shortly after that the said Marie Atkinson comeing againe to the [Image 6 left] house of this ex[amina]tes said maister in Elslacke ar[ticula]te she this ex[amina]te asked her [cancelled words] Howe her said maisters childe did which she then had at nurseing, calling it by the name of Richard, to which she answered that it was not well, but that she hoped that it mended, whereupon this ex[amina]te asked what she thought might be the cause of its [deleted: not thriveing] well, to which the said Marie Atkinson answered that Awcocke wife, meaninge the ar[ticula]te Margarett Awcocke was the cause thereof, saying moreover that she the said Margarett Awcocke was a naughtie bad woman and had an ill ey Et al[ite]r nescit deponere. Super quarto art[icu]lo exa[minata] dicit quod nescit deponere Saving she saith that neither she the Margarett Awcocke nor her husband were p[rese]nt when she the said Mary Atkinson uttered the words predeposed upon by this dep[onen]t. Super quinto art[icu]lo exa[minata] dicit quod nescit deponere aliter quam prius deposuit in hac causa. Super sexto art[icu]lo exa[minata] dicit quod refert se ad jura Et al[ite]r nescit deponere. Super septimo art[icu]lo non ex[aminatur] quia pars Rea fatetur. Super octavo art[icu]lo exa[minata] dicit quod praedeposita per eam sunt vera [unread contracted witness qualification] nec consanguis aut affinis &c. nec curat &c. dummodo fiat Justitia. [Mark and subscription] A K Anne Kippax. [Image 6 right blank facing sheet.]
CP.H.1961 manuscript, Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1., Borthwick Institute for Archives, University of York CP.H.1961, CP.H.1961; images 5–6 (Latin and English)
Comparison of sources: Catalogue and documentary conflicts
Saved catalogue metadata dates the cause 31 May–28 June 1632 and lists three pieces, a libel and deposition, with no sentence. The personal-answer day remains tentative in this edition rather than being certified solely from metadata. Anne is called a spinster and described with feminine forms in the manuscript, while the catalogue says male as well as spinster; the conflict is preserved, not silently reproduced as her gender. No outcome is supplied.
Image Title: CP.H.1961 Court: Consistory Case: Defamation (witchcraft) Details: 3 Pieces; Has deposition; Has libel; No sentence Date: 31/5/1632 — 28/6/1632 Parties Mentioned: Margaret Alcock [Awcocke], plaintiff, female; wife of William Alcock Mary Atkinson [Atkinson], defendant, female; wife of Francis Atkinson Witnesses: Anne Kippax [Kippax], witness, male; 21; spinster Places: Broughton (Broughton (YorkshireWestRiding)) - ecclesiastical parish
York Cause Papers catalogue CP.H.1961, n.d., Saved York repository manifest CP.H.1961, metadata: Consistory; three pieces; deposition and libel; no sentence; 31 May–28 June 1632., CP.H.1961; saved manifest metadata · context
[31?] May 1632. William Easdall. Mary Atkinson, wife of Francis Atkinson, answers the libel exhibited against her by Margaret, wife of William Awcocke. To the first article, she refers herself to the provincial constitution pleaded, if there is such a constitution, and to the law; otherwise she does not believe it to be true in any respect. To the second, she believes it to be true. To the third, she does not believe it to be true in any respect. To the fourth, down to and including the words about the truth of its contents, she believes that she never spoke any of the alleged words at the time and place pleaded. Consequently Margaret or William could not have been present or privy to them. Otherwise she refers herself to the law and does not believe the article to be true in any respect. To the fifth and sixth, she does not believe them to be true in any respect. To the seventh, she believes it to be true. To the eighth, she believes the admitted matters and denies the denied matters. Mary Atkinson's mark.
28 June 1632. [Confirmation/repetition subscription, possibly Robinson, uncertain.] Anne Kippax of Bolton in Craven, Yorkshire, spinster, approximately 21 years old, produced, admitted, sworn and examined on the libel exhibited on Margaret Awcocke's behalf against Mary Atkinson. First asked about her knowledge of the parties, she says she has known both for approximately three years. On the first article, she refers herself to the provincial constitution and the law, and knows nothing further to depose. She is not examined on the second because the defendant admits it. On the third, she says she was a servant to Mr Francis Malham of Elslack. Between haytime and harvest in the previous year, Mary Atkinson came to Malham’s house. Mary was nursing a child of Malham’s. Mary came into the chamber where Anne and her mistress, Malham’s wife, were and seemed to want to speak to the mistress. Anne perceived this and left the chamber. When Anne returned, her mistress told her that the child she had nursing with Atkinson’s wife was unwell, and that Mary had said Margaret Awcocke caused it, was a witch and had an evil eye. Some connecting and cancelled words remain unresolved. This portion is Anne’s report of what her mistress told her, not speech Anne directly heard from Mary. Anne continues that, shortly afterwards, Mary returned to Malham’s house in Elslack. Anne asked how her master’s child, whom Mary was nursing, was, calling the child Richard. Mary answered that it was unwell but she hoped it was improving. Anne asked what she thought might be the cause of its condition [the manuscript cancels “not thriveing” before “well”; the resulting syntax is irregular]. Mary answered that Awcock’s wife, meaning Margaret, was the cause, and added that Margaret was a naughty bad woman and had an evil eye. Anne knows nothing further to depose. On the fourth article, she knows nothing to depose, except that neither Margaret nor her husband was present when Mary uttered the words Anne has described. On the fifth, she knows nothing beyond what she has already deposed in this cause. On the sixth, she refers herself to the law and knows nothing further to depose. She is not examined on the seventh because the defendant admits it. On the eighth, she affirms the truth of what she has deposed. [Some routine witness qualifications are contracted or unread.] She is neither related by blood nor marriage [the manuscript then uses “etc.”] and does not care about the outcome provided justice is done. Anne Kippax's mark and name.
[31?] Maij 1632. W: Easdall. Responsiones personales Mariae Atkinson uxoris Francisci Atkinson factae positionibus et articulis Libelli ex parte Margarettae Awcocke uxoris Will[iel]mi Awcocke con[tra] eam dati et exhibiti. Ad primam positionem respondendo refert se ad Constitutionem Provincialem articulatam (si qua talis sit) et ad jura Et al[ite]r non credit eandem esse veram in aliquo. Ad secundam positionem respondendo credit eandem esse veram. Ad tertiam positionem respondendo non credit eandem esse veram in aliquo. Ad quartam positionem usque ad haec verba (Et super veritate contentorum) inclusive respondendo credit That this Rend[en]t never spoke any of the wordes praedict[as] the tyme and place articulate And therefore the said Margarett Awcocke or William Awcocke her husband articulate was not or could be p[rese]nt or privie thereunto. Et al[ite]r respondendo ad jura non credit eandem esse veram in aliquo. Ad quintam et sextam positiones respondendo non credit easdem esse veras in aliquo. Ad septimam positionem respondendo credit eandem esse veram. Ad octavam positionem respondendo credit de Creditis et negat de negatis. Signum Mariae [cross] Atkinson.
CP.H.1961 manuscript, Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1., Borthwick Institute for Archives, University of York CP.H.1961, CP.H.1961; image 4 right (Latin and English)
Vicesimo octavo Junij 1632. Repet[it] [Robinson? contracted subscription]. Anna Kippax de Bolton in Craven in Com[itatu] Ebor[acensi] Spinster aetatis suae Viginti unius annorum aut eo circiter testis super positionibus et articulis Libelli ex parte et pro parte Margarettae Awcocke ux[oris] Will[iel]mi Awcocke con[tra] Mariam Atkinson exhibiti producta admissa jurata [unread] et primo de notitia partium [unread] dicit quod dictam Margarettam Awcocke per tres annos aut eo circiter et dictam Mariam Atkinson per idem tempus novit. Super primo art[icu]lo exa[minata] dicit quod refert se ad Constitutionem provincialem articulatam et in jura Et al[ite]r nescit deponere. Super secundo art[icu]lo non Examinatur quia pars rea fatetur. Super tertio art[icu]lo exa[minata] dicit that she this ex[amina]te [deleted: being?] servaunt to Mr Frauncis Malham of Elslacke [unread connecting abbreviation] the ar[ticula]te Marie Atkinson betwixte hay time and harvest in the yeare last came to the house of the said Mr Malham (she having at that time a childe to nurse of the said Mr Malhams) and comeing into the Chamber where this ex[amina]te and her m[ist]ris wife to the said Mr Malham were seemed to be desirous to speake some what to this ex[amina]tes m[ist]ris (which this ex[amina]te perceiving went her way) forth of the Chamber, and saith that upon this ex[amina]tes comeing againe to her said m[ist]ris, her m[ist]ris told her that the childe (which she had at nurseing with the said Atkinsons wife was not well and that [deleted words] the said Marie Atkinson had told her that the ar[ticula]te Margarett Awcocke was the cause of it, and that she was a witch and had an evill ey &c.) And saith that shortly after that the said Marie Atkinson comeing againe to the [Image 6 left] house of this ex[amina]tes said maister in Elslacke ar[ticula]te she this ex[amina]te asked her [cancelled words] Howe her said maisters childe did which she then had at nurseing, calling it by the name of Richard, to which she answered that it was not well, but that she hoped that it mended, whereupon this ex[amina]te asked what she thought might be the cause of its [deleted: not thriveing] well, to which the said Marie Atkinson answered that Awcocke wife, meaninge the ar[ticula]te Margarett Awcocke was the cause thereof, saying moreover that she the said Margarett Awcocke was a naughtie bad woman and had an ill ey Et al[ite]r nescit deponere. Super quarto art[icu]lo exa[minata] dicit quod nescit deponere Saving she saith that neither she the Margarett Awcocke nor her husband were p[rese]nt when she the said Mary Atkinson uttered the words predeposed upon by this dep[onen]t. Super quinto art[icu]lo exa[minata] dicit quod nescit deponere aliter quam prius deposuit in hac causa. Super sexto art[icu]lo exa[minata] dicit quod refert se ad jura Et al[ite]r nescit deponere. Super septimo art[icu]lo non ex[aminatur] quia pars Rea fatetur. Super octavo art[icu]lo exa[minata] dicit quod praedeposita per eam sunt vera [unread contracted witness qualification] nec consanguis aut affinis &c. nec curat &c. dummodo fiat Justitia. [Mark and subscription] A K Anne Kippax. [Image 6 right blank facing sheet.]
CP.H.1961 manuscript, Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1., Borthwick Institute for Archives, University of York CP.H.1961, CP.H.1961; images 5–6 (Latin and English)
Comparison of sources: About this case and its sources
Reference: CP.H.1961
Repository: Borthwick Institute for Archives, University of York
Court: York Consistory; catalogue and judicial address
Case: Defamation concerning witchcraft and evil-eye accusations
Record dates: 1632; personal answers [31?] May, catalogue 31 May; Anne’s deposition 28 June. Alleged incidents have alternative earlier dates.
Surviving material: Three catalogued pieces, represented in six images: libel, personal answers and deposition, with docket and cover. No sentence.
Languages: Latin with English narrative, denial and testimony
Parties: Margaret Alcock [Awcocke, Awcock], wife of William, plaintiff; Mary Atkinson [Maria, Marie], wife of Francis, defendant
Other people: William Awcocke, named husband and creditor; Francis Atkinson, named husband and debtor; Anne Kippax, witness, spinster about 21; Francis Malham, master and father; Mrs Malham, mistress, forename unknown; Richard Malham, child; William Easdall, official; Andrew, marginal subscriber, surname unresolved; Robinson, tentative subscriber, forename unknown
Outcome: Unknown. No sentence in collected papers; requested correction and costs are not evidence of an award.
Coverage: All independent collected text represented in four paired units; unresolved clauses and cancellations retained. Printed modern discussion is confined to the research edition.
Edition: 26 October 2026 version 1.0; prepared for editorial review
Reading conventions: Expanded transcription retaining source spelling. Brackets identify expansions, unresolved writing, tentative readings and cancellations. Paragraphs follow documentary articles rather than certified physical lines. English precedes the Latin or mixed-language original. Image numbers are not archival folios. The personal-answer day is tentative; catalogue 31 May is recorded separately. No missing clauses are silently reconstructed.
Suggested citation: Margaret Alcock against Mary Atkinson, CP.H.1961, 1632, reading edition version 1.0, 26 October 2026; Borthwick Institute for Archives, University of York.
Image Title: CP.H.1961 Court: Consistory Case: Defamation (witchcraft) Details: 3 Pieces; Has deposition; Has libel; No sentence Date: 31/5/1632 — 28/6/1632 Parties Mentioned: Margaret Alcock [Awcocke], plaintiff, female; wife of William Alcock Mary Atkinson [Atkinson], defendant, female; wife of Francis Atkinson Witnesses: Anne Kippax [Kippax], witness, male; 21; spinster Places: Broughton (Broughton (YorkshireWestRiding)) - ecclesiastical parish
York Cause Papers catalogue CP.H.1961, n.d., Saved York repository manifest CP.H.1961, metadata: Consistory; three pieces; deposition and libel; no sentence; 31 May–28 June 1632., CP.H.1961; saved manifest metadata · context
[Marginal subscription] Andrew [surname unresolved]. In the name of God, Amen. Before William Easdall, Doctor of Laws and principal official of York's consistory court, his deputy or another competent judge, the pleading is made on behalf of Margaret Awcocke, wife of William Awcocke, against Mary, wife of Francis Atkinson, of Elslack in Broughton parish, diocese of York. It proceeds by the available legal and factual means and proposes the following articles jointly, separately and individually. [Some title and connecting contractions remain unresolved.] 1. The pleading invokes a provincial constitution binding subjects of England. It alleges that maliciously imposing a crime on someone through hatred, favour or another motive, thereby defaming that person among respectable people, attracts major excommunication under that constitution. [The wording of the constitution, its precise conditions and several contracted phrases remain unread; this is not identification of a particular canon or a definitive legal construction.] Its form is reserved to what can be proved during the suit. 2. Margaret is alleged to have been and still to be an honest woman, of good reputation, life and conduct, unstained by notorious crime, except for the matters subsequently pleaded, and an honest wife of William Awcocke. She has been publicly regarded as such in Broughton and neighbouring places. The pleading gives alternative periods of four, five or seven years. 3. Notwithstanding that, Mary Atkinson is alleged, in the stated months from May to December of the year written 1629 and related times [some connecting wording is unresolved], in Elslack, Broughton and neighbouring places, maliciously and intending to defame and injure Margaret, to have spoken and asserted reproachful, injurious, quarrelsome, contemptuous and defamatory words about her. The English narrative says that Francis Atkinson owed William Awcocke money. Around Michaelmas two years previously, Margaret went to Francis's house in Elslack to demand it. Mr Francis Malham had a child being nursed by Mary Atkinson there. Shortly after Margaret's visit, Mary went to Mr Malham and said—according to this pleading, falsely—that Margaret was a witch and had an evil eye; that the child had not thrived since Margaret saw it; and that Mary truly believed Margaret had bewitched or “forespoken” the child. The pleading reserves the precise time, manner and wording to proof. 4. The pleading states that neither Margaret nor William Awcocke was personally present with Mary Atkinson at the pleaded time and place when the defamatory words were uttered. The article refers to the words or their utterance coming to Margaret’s and William’s knowledge within two months, or at least within a year [the precise connecting phrase remains unread]. Margaret’s side offers proof of the article’s contents by her oath or otherwise as the law requires. [Some verbs and connecting contractions remain unresolved; this is not evidence that an oath was administered.] 5. Mary is alleged subsequently to have confessed and acknowledged before trustworthy witnesses that she spoke and asserted these defamatory words about Margaret. [Several words concerning the witnesses remain unread.] 6. These defamatory words are alleged to have unlawfully and grievously harmed Margaret's standing and good reputation among respectable people, with further harm likely. 7. Mary, wife of Francis Atkinson, was and is of Elslack in Broughton parish, diocese of York, and subject to the court's jurisdiction. [The contracted connecting phrase remains unresolved.] 8. There was and is public report and reputation about these matters in the named and neighbouring places. On legally sufficient proof, Margaret's side asks for a finding that Mary spoke the defamatory words, or some of them, and defamed and injured Margaret. It seeks the consequences of the pleaded provincial constitution, ecclesiastical correction and punishment, and condemnation in expenses with effective payment. [The exact proposed excommunication and absolution clauses are not fully read and are not silently completed.] The party asks for relief to the extent it proves its case, without assuming an unnecessary burden of proving every point, with the benefit of law reserved, and invokes the judge's office. Saving rights, etc.; the party protests, etc.
[31?] May 1632. William Easdall. Mary Atkinson, wife of Francis Atkinson, answers the libel exhibited against her by Margaret, wife of William Awcocke. To the first article, she refers herself to the provincial constitution pleaded, if there is such a constitution, and to the law; otherwise she does not believe it to be true in any respect. To the second, she believes it to be true. To the third, she does not believe it to be true in any respect. To the fourth, down to and including the words about the truth of its contents, she believes that she never spoke any of the alleged words at the time and place pleaded. Consequently Margaret or William could not have been present or privy to them. Otherwise she refers herself to the law and does not believe the article to be true in any respect. To the fifth and sixth, she does not believe them to be true in any respect. To the seventh, she believes it to be true. To the eighth, she believes the admitted matters and denies the denied matters. Mary Atkinson's mark.
28 June 1632. [Confirmation/repetition subscription, possibly Robinson, uncertain.] Anne Kippax of Bolton in Craven, Yorkshire, spinster, approximately 21 years old, produced, admitted, sworn and examined on the libel exhibited on Margaret Awcocke's behalf against Mary Atkinson. First asked about her knowledge of the parties, she says she has known both for approximately three years. On the first article, she refers herself to the provincial constitution and the law, and knows nothing further to depose. She is not examined on the second because the defendant admits it. On the third, she says she was a servant to Mr Francis Malham of Elslack. Between haytime and harvest in the previous year, Mary Atkinson came to Malham’s house. Mary was nursing a child of Malham’s. Mary came into the chamber where Anne and her mistress, Malham’s wife, were and seemed to want to speak to the mistress. Anne perceived this and left the chamber. When Anne returned, her mistress told her that the child she had nursing with Atkinson’s wife was unwell, and that Mary had said Margaret Awcocke caused it, was a witch and had an evil eye. Some connecting and cancelled words remain unresolved. This portion is Anne’s report of what her mistress told her, not speech Anne directly heard from Mary. Anne continues that, shortly afterwards, Mary returned to Malham’s house in Elslack. Anne asked how her master’s child, whom Mary was nursing, was, calling the child Richard. Mary answered that it was unwell but she hoped it was improving. Anne asked what she thought might be the cause of its condition [the manuscript cancels “not thriveing” before “well”; the resulting syntax is irregular]. Mary answered that Awcock’s wife, meaning Margaret, was the cause, and added that Margaret was a naughty bad woman and had an evil eye. Anne knows nothing further to depose. On the fourth article, she knows nothing to depose, except that neither Margaret nor her husband was present when Mary uttered the words Anne has described. On the fifth, she knows nothing beyond what she has already deposed in this cause. On the sixth, she refers herself to the law and knows nothing further to depose. She is not examined on the seventh because the defendant admits it. On the eighth, she affirms the truth of what she has deposed. [Some routine witness qualifications are contracted or unread.] She is neither related by blood nor marriage [the manuscript then uses “etc.”] and does not care about the outcome provided justice is done. Anne Kippax's mark and name.
[Marginal subscription] Andr: [H...; surname unresolved]. In dei nomine amen Coram vobis venerabili viro Gulielmo Easdall Legum Doctore Almae Curiae Cons[istorialis] Ebor[acensis] Officiali principali [unread contracted phrase] deputato aut alio Judice in hac parte competenti quorum[que?] ex parte discretae mulieris Margarettae Awcocke uxoris Will[iel]mi Awcocke contra et adversus Mariam Atkinson ux[orem] Francisci Atkinson de Elslacke parochiae de Broughton dioc[esis] Ebor[acensis] Ac con[tra] quemcunque alium pro eadem coram vobis in judicio [unread] intervenientem Ad omnem tam juris quam facti effectum exinde quovismodo sequi valent[em] omni meliori via modo et juris forma quibus melius aut efficacius de jure potuit aut potest dicit allegat et in hiis scriptis conjunctim divisim et articulatim de jure proponit prout sequitur. 1. In primis ponit et articulat Quod fuit et est quaedam Constitutio provincialis hujus Regni Angliae [unread contracted phrase] vi[delicet] per [unread] omnes et singuli hujus Regni Angliae subditi tenentur et ligantur in qua quidem constitutione provinciali omnes illi qui quavis causa odii vel favoris aut alia quacunque de causa alicui malitiose crimen imponunt unde infamatur si apud bonos et graves [unread contraction] in saltem [compurgationem?] indictam vel aliam [unread] fuerunt et sunt sententia majoris excommunicationis [innodati?] atque [unread] Ponit tamen de tali forma Constitutionis provincialis quod et quantum in eventu hujus litis probabitur conjunctim divisim et de quolibet. 2. Item ponit et articulat Quod dicta Margaretta Awcocke per spatium quatuor quinque vel septem annorum jam ultimo praeteritorum retroque etiam fuit et est mulier honesta bonae famae vitae et conversationis honestae nulloque crimine (saltem notorio) aspersa diffamata vel aliqua [unread] (Salvis infra dicendis) Ac eodem tempore fuit et est pro unica et [unread] Will[iel]mi Awcocke praedicti [unread] honesta et laudabili per totum tempus praedictum vivit modoque in praesenti vivit Ac pro tali et ut talis fuit et est [unread] habita vocata et reputata palam publice et notorie infra praedictam de Broughton aliisque loca vicina Et ponit ut supra. 3. Item ponit et articulat Quod Praemissis non obstantibus dicta Maria Atkinson mensibus Maij Junij Julij Augusti Septembris Octobris Novembris et Decembris Anno domini 1629 [unread connecting words] infra villam de Elslacke ac praedictam de Broughton praedictae dioc[eseos] Ebor[acensis] aliisque loca vicina malitiose ac animo diffamandi praefatam Margarettam Awcocke uxorem Will[iel]mi Awcocke ipsam diffamavit et injuriavit nonnullaque verba opprobriosa injuriosa rixosa contumeliosa ac diffamatoria [Article 3 continued] dictae Margarettae Awcocke seu de eadem emisit dixit protulit et asseruit et praecipue haec verba Anglica sequentia seu alia eis in effectu consimilia vizt: “the articulate Francis Atkinson husband of the said Mary Atkinson being indebted to William Awcocke husband of the said Margarett Awcocke in a certaine sume of money she the said Margarett Awcocke within the tyme aforesaid And namely about Michaelmas was two yeares wente to the said Francis Atkinsons house in Elslacke to demaunde the said money And one Mr Francis Malham havinge then a childe at nurseinge with the said Marye Atkinson att her husbands house she the said Marye Atkinson shortly after that the said Margarett Awcocke had beene att her house went to the house of the said Mr Malham And said and reported (licet falso) That the said Margarett Awcocke was a witch and had an ill eye And that the said Mr Malham Childe did never like after she the said Margarett Awcocke did see it And further affirmed and said That she the said Mary Atkinson did verelie beleeve That the said Margarett Awcocke was a witch and that she had an ill eye and had bewitched or fore-spoken the said Mr Malham Childe.” Ponit tamen de ac talis et tanto tempore modo et forma verborum quod et quantum in eventu hujus litis probabitur conjunctim divisim et de quolibet. 4. Item ponit et articulat Quod neque dicta Margaretta Awcocke neque praefatus Will[iel]mus Awcocke subarticulatis tempore et loco prolationis verborum diffamatoriorum praedictorum cum dicta Maria Atkinson praesentes personaliter interfuerunt Et quod [unread phrase concerning report or knowledge of the words and their utterance] ad aures et notitiam dictae Margarettae Awcocke et praefati Will[iel]mi Awcocke mariti sui infra duos menses saltem intra Annum [unread connecting words] Et super veritate contentorum in hujus articulo pars dictae Margarettae Awcocke obtulit se [unread contraction] et paratam ad faciend[um] fidem per juramentum suum vel al[ite]r juxta juris in hac parte exigentiam Et ponit ut supra. 5. Item ponit et articulat Quod post praemissa dicta Maria Atkinson coram testibus fide dignis in praesentia nonnullorum testium fide dignorum ad [unread] hujus verbi diffamatoria dictae Margarettae Awcocke seu de eadem dixisse emisisse ac tulisse et asseruisse confessa fuit et est ac recognovit Et ponit ut supra. 6. Item ponit et articulat Quod ratione et praetextu prolationis hujus verborum diffamatorum status bona fama et opinio ipsius Margarettae Awcocke [Article 6 continued] apud bonos et graves penes quos prius extiterat bonae famae et opinionis illicite graviter et enormiter laeduntur et diminuuntur Ac de verisimili plus laedentur in futurum Et ponit ut supra. 7. Item ponit et articulat Quod de et super praemissis dicta Maria Atkinson ux[or] Francisci Atkinson fuit et est de Elslacke parochiae de Broughton dioc[esis] Ebor[acensis] ac juxta [unread contraction] jurisdictionis Et ponit ut supra. 8. Item ponit et articulat Quod de et super praemissis omnibus et singulis fuit et est publica vox et fama in locis praenominatis aliisque locis vicinis Et ponit ut supra. Unde facta fide de praemissis de jure requisita petit pars dictae Margarettae Awcocke praefatam Mariam Atkinson ex verbis diffamatoriis seu rixosis articulatis omnibus et singulis seu saltem eorum aliqua contra eandem Margarettam Awcocke [unread contraction] dixisse et [unread] eamque [unread] diffamasse et injuriasse dictamque Mariam Atkinson pro tanto temeritatis suae excessu in praemissis in sententiam majoris excom[municationis] juxta formam constitutionis praedictae in [unread] [unread clause on observing that sentence until absolution] corrigi et puniendam fore et debere Necnon in expensis ex parte et per partem dictae Margarettae Awcocke factis et fiendis condemnari condemnandamque ad debitam solutionem earundem efficaciter cogi et compelli atque vobis [unread] in praemissis omnibus et singulis [unread] ministrari per vos et vestram Sententiam definitivam [unread] Quo petit et fieri petit pars dictae Margarettae Awcocke conjunctim et divisim non arctans se ad omnia et singula praemissa probanda nec ad onus superfluae probationis de quo protestatur sed quantum probabit in praemissis obtineat in petitis juris beneficio in omnibus semper Salvo vestrum officium domine Judex antedicte humiliter implorando. Salvo jure &c. Et protestatur &c.
CP.H.1961 manuscript, Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1., Borthwick Institute for Archives, University of York CP.H.1961, CP.H.1961; images 2–3 (Latin and English)
[31?] Maij 1632. W: Easdall. Responsiones personales Mariae Atkinson uxoris Francisci Atkinson factae positionibus et articulis Libelli ex parte Margarettae Awcocke uxoris Will[iel]mi Awcocke con[tra] eam dati et exhibiti. Ad primam positionem respondendo refert se ad Constitutionem Provincialem articulatam (si qua talis sit) et ad jura Et al[ite]r non credit eandem esse veram in aliquo. Ad secundam positionem respondendo credit eandem esse veram. Ad tertiam positionem respondendo non credit eandem esse veram in aliquo. Ad quartam positionem usque ad haec verba (Et super veritate contentorum) inclusive respondendo credit That this Rend[en]t never spoke any of the wordes praedict[as] the tyme and place articulate And therefore the said Margarett Awcocke or William Awcocke her husband articulate was not or could be p[rese]nt or privie thereunto. Et al[ite]r respondendo ad jura non credit eandem esse veram in aliquo. Ad quintam et sextam positiones respondendo non credit easdem esse veras in aliquo. Ad septimam positionem respondendo credit eandem esse veram. Ad octavam positionem respondendo credit de Creditis et negat de negatis. Signum Mariae [cross] Atkinson.
CP.H.1961 manuscript, Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1., Borthwick Institute for Archives, University of York CP.H.1961, CP.H.1961; image 4 right (Latin and English)
Vicesimo octavo Junij 1632. Repet[it] [Robinson? contracted subscription]. Anna Kippax de Bolton in Craven in Com[itatu] Ebor[acensi] Spinster aetatis suae Viginti unius annorum aut eo circiter testis super positionibus et articulis Libelli ex parte et pro parte Margarettae Awcocke ux[oris] Will[iel]mi Awcocke con[tra] Mariam Atkinson exhibiti producta admissa jurata [unread] et primo de notitia partium [unread] dicit quod dictam Margarettam Awcocke per tres annos aut eo circiter et dictam Mariam Atkinson per idem tempus novit. Super primo art[icu]lo exa[minata] dicit quod refert se ad Constitutionem provincialem articulatam et in jura Et al[ite]r nescit deponere. Super secundo art[icu]lo non Examinatur quia pars rea fatetur. Super tertio art[icu]lo exa[minata] dicit that she this ex[amina]te [deleted: being?] servaunt to Mr Frauncis Malham of Elslacke [unread connecting abbreviation] the ar[ticula]te Marie Atkinson betwixte hay time and harvest in the yeare last came to the house of the said Mr Malham (she having at that time a childe to nurse of the said Mr Malhams) and comeing into the Chamber where this ex[amina]te and her m[ist]ris wife to the said Mr Malham were seemed to be desirous to speake some what to this ex[amina]tes m[ist]ris (which this ex[amina]te perceiving went her way) forth of the Chamber, and saith that upon this ex[amina]tes comeing againe to her said m[ist]ris, her m[ist]ris told her that the childe (which she had at nurseing with the said Atkinsons wife was not well and that [deleted words] the said Marie Atkinson had told her that the ar[ticula]te Margarett Awcocke was the cause of it, and that she was a witch and had an evill ey &c.) And saith that shortly after that the said Marie Atkinson comeing againe to the [Image 6 left] house of this ex[amina]tes said maister in Elslacke ar[ticula]te she this ex[amina]te asked her [cancelled words] Howe her said maisters childe did which she then had at nurseing, calling it by the name of Richard, to which she answered that it was not well, but that she hoped that it mended, whereupon this ex[amina]te asked what she thought might be the cause of its [deleted: not thriveing] well, to which the said Marie Atkinson answered that Awcocke wife, meaninge the ar[ticula]te Margarett Awcocke was the cause thereof, saying moreover that she the said Margarett Awcocke was a naughtie bad woman and had an ill ey Et al[ite]r nescit deponere. Super quarto art[icu]lo exa[minata] dicit quod nescit deponere Saving she saith that neither she the Margarett Awcocke nor her husband were p[rese]nt when she the said Mary Atkinson uttered the words predeposed upon by this dep[onen]t. Super quinto art[icu]lo exa[minata] dicit quod nescit deponere aliter quam prius deposuit in hac causa. Super sexto art[icu]lo exa[minata] dicit quod refert se ad jura Et al[ite]r nescit deponere. Super septimo art[icu]lo non ex[aminatur] quia pars Rea fatetur. Super octavo art[icu]lo exa[minata] dicit quod praedeposita per eam sunt vera [unread contracted witness qualification] nec consanguis aut affinis &c. nec curat &c. dummodo fiat Justitia. [Mark and subscription] A K Anne Kippax. [Image 6 right blank facing sheet.]
CP.H.1961 manuscript, Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1., Borthwick Institute for Archives, University of York CP.H.1961, CP.H.1961; images 5–6 (Latin and English)
Comparison of sources: Edition references and source inventory
Findings and surviving sources
Primary source edition
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People and documentary events
Uncertainty and limits
Alcock_01.jpg 1774 × 2582 pixels. Modern cover; no independent continuous historical text.
Alcock_02.jpg 1694 × 2546 pixels. Libel opening and articles 1–3.
Alcock_03.jpg 3235 × 2538 pixels. Libel continuation and prayer.
Alcock_04.jpg 3329 × 2597 pixels. Libel docket left, personal answers right.
Alcock_05.jpg 1621 × 2480 pixels. Anne Kippax deposition opening.
Alcock_06.jpg 3213 × 2546 pixels. Deposition conclusion left; blank facing sheet right.
Borthwick Institute for Archives, University of York, CP.H.1961; images 2–3
Borthwick Institute for Archives, University of York, CP.H.1961; image 4 left
Borthwick Institute for Archives, University of York, CP.H.1961; image 4 right
Borthwick Institute for Archives, University of York, CP.H.1961; images 5–6
Surviving sources and unknown outcome: Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1.; CP.H.1961; images 2–3 | Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1.; CP.H.1961; image 4 right | Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1.; CP.H.1961; images 5–6 | Saved York repository manifest CP.H.1961, metadata: Consistory; three pieces; deposition and libel; no sentence; 31 May–28 June 1632.; CP.H.1961; saved manifest metadata
Allegation denial and reported knowledge: Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1.; CP.H.1961; images 2–3 | Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1.; CP.H.1961; image 4 right | Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1.; CP.H.1961; images 5–6
Corrected readings and names: Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1.; CP.H.1961; images 2–3 | Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1.; CP.H.1961; images 5–6 | Saved York repository manifest CP.H.1961, metadata: Consistory; three pieces; deposition and libel; no sentence; 31 May–28 June 1632.; CP.H.1961; saved manifest metadata
Brown and the interpretation of testimony: James Brown, Margaret Alcock’s Evil Eye: Witchcraft Defamations in Early Modern England, Inner Lives, 31 October 2016; section The Bewitching of Richard Malham and paragraphs beginning Mary’s husband, Although Mary, And saith, As is now well established and As is so often. Retrieved 26 October 2026.; Brown 2016; paragraph beginning As is now well established | Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1.; CP.H.1961; images 2–3 | Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1.; CP.H.1961; images 5–6 | Saved York repository manifest CP.H.1961, metadata: Consistory; three pieces; deposition and libel; no sentence; 31 May–28 June 1632.; CP.H.1961; saved manifest metadata
Catalogue and documentary conflicts: Saved York repository manifest CP.H.1961, metadata: Consistory; three pieces; deposition and libel; no sentence; 31 May–28 June 1632.; CP.H.1961; saved manifest metadata | Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1.; CP.H.1961; image 4 right | Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1.; CP.H.1961; images 5–6
About this case and its sources: Saved York repository manifest CP.H.1961, metadata: Consistory; three pieces; deposition and libel; no sentence; 31 May–28 June 1632.; CP.H.1961; saved manifest metadata | Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1.; CP.H.1961; images 2–3 | Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1.; CP.H.1961; image 4 right | Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1.; CP.H.1961; images 5–6
Evidence: CP.H.1961; images 2–3, CP.H.1961; images 5–6
Evidence: CP.H.1961; images 2–3, CP.H.1961; image 4 right, CP.H.1961; images 5–6
Evidence: CP.H.1961; images 2–3, CP.H.1961; images 5–6
Evidence: CP.H.1961; images 2–3, CP.H.1961; image 4 right
Evidence: CP.H.1961; images 5–6
Evidence: CP.H.1961; images 2–3, CP.H.1961; images 5–6
Evidence: CP.H.1961; images 5–6
Evidence: CP.H.1961; images 5–6
Evidence: CP.H.1961; images 2–3, CP.H.1961; image 4 right
Evidence: CP.H.1961; images 2–3
Evidence: CP.H.1961; images 5–6
Margaret Awcocke against Mary Atkinson
Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1.
https://discover.york.ac.uk/collections/york-cause-papers/?manifest=CP_H_1961&canvas=CP_H_1961_0001
York Cause Papers catalogue CP.H.1961
Saved York repository manifest CP.H.1961, metadata: Consistory; three pieces; deposition and libel; no sentence; 31 May–28 June 1632.
https://discover.york.ac.uk/ark:/36941/CP_H_1961/presentation/3/manifest
Margaret Alcock’s Evil Eye: Witchcraft Defamations in Early Modern England
James Brown, Margaret Alcock’s Evil Eye: Witchcraft Defamations in Early Modern England, Inner Lives, 31 October 2016; section The Bewitching of Richard Malham and paragraphs beginning Mary’s husband, Although Mary, And saith, As is now well established and As is so often. Retrieved 26 October 2026.
https://innerlivesblog.wordpress.com/2016/10/31/margaret-alcocks-evil-eye-witchcraft-defamation-suits-in-early-modern-england/
Image Title: CP.H.1961 Court: Consistory Case: Defamation (witchcraft) Details: 3 Pieces; Has deposition; Has libel; No sentence Date: 31/5/1632 — 28/6/1632 Parties Mentioned: Margaret Alcock [Awcocke], plaintiff, female; wife of William Alcock Mary Atkinson [Atkinson], defendant, female; wife of Francis Atkinson Witnesses: Anne Kippax [Kippax], witness, male; 21; spinster Places: Broughton (Broughton (YorkshireWestRiding)) - ecclesiastical parish
York Cause Papers catalogue CP.H.1961, n.d., Saved York repository manifest CP.H.1961, metadata: Consistory; three pieces; deposition and libel; no sentence; 31 May–28 June 1632., CP.H.1961; saved manifest metadata · context
[Marginal subscription] Andrew [surname unresolved]. In the name of God, Amen. Before William Easdall, Doctor of Laws and principal official of York's consistory court, his deputy or another competent judge, the pleading is made on behalf of Margaret Awcocke, wife of William Awcocke, against Mary, wife of Francis Atkinson, of Elslack in Broughton parish, diocese of York. It proceeds by the available legal and factual means and proposes the following articles jointly, separately and individually. [Some title and connecting contractions remain unresolved.] 1. The pleading invokes a provincial constitution binding subjects of England. It alleges that maliciously imposing a crime on someone through hatred, favour or another motive, thereby defaming that person among respectable people, attracts major excommunication under that constitution. [The wording of the constitution, its precise conditions and several contracted phrases remain unread; this is not identification of a particular canon or a definitive legal construction.] Its form is reserved to what can be proved during the suit. 2. Margaret is alleged to have been and still to be an honest woman, of good reputation, life and conduct, unstained by notorious crime, except for the matters subsequently pleaded, and an honest wife of William Awcocke. She has been publicly regarded as such in Broughton and neighbouring places. The pleading gives alternative periods of four, five or seven years. 3. Notwithstanding that, Mary Atkinson is alleged, in the stated months from May to December of the year written 1629 and related times [some connecting wording is unresolved], in Elslack, Broughton and neighbouring places, maliciously and intending to defame and injure Margaret, to have spoken and asserted reproachful, injurious, quarrelsome, contemptuous and defamatory words about her. The English narrative says that Francis Atkinson owed William Awcocke money. Around Michaelmas two years previously, Margaret went to Francis's house in Elslack to demand it. Mr Francis Malham had a child being nursed by Mary Atkinson there. Shortly after Margaret's visit, Mary went to Mr Malham and said—according to this pleading, falsely—that Margaret was a witch and had an evil eye; that the child had not thrived since Margaret saw it; and that Mary truly believed Margaret had bewitched or “forespoken” the child. The pleading reserves the precise time, manner and wording to proof. 4. The pleading states that neither Margaret nor William Awcocke was personally present with Mary Atkinson at the pleaded time and place when the defamatory words were uttered. The article refers to the words or their utterance coming to Margaret’s and William’s knowledge within two months, or at least within a year [the precise connecting phrase remains unread]. Margaret’s side offers proof of the article’s contents by her oath or otherwise as the law requires. [Some verbs and connecting contractions remain unresolved; this is not evidence that an oath was administered.] 5. Mary is alleged subsequently to have confessed and acknowledged before trustworthy witnesses that she spoke and asserted these defamatory words about Margaret. [Several words concerning the witnesses remain unread.] 6. These defamatory words are alleged to have unlawfully and grievously harmed Margaret's standing and good reputation among respectable people, with further harm likely. 7. Mary, wife of Francis Atkinson, was and is of Elslack in Broughton parish, diocese of York, and subject to the court's jurisdiction. [The contracted connecting phrase remains unresolved.] 8. There was and is public report and reputation about these matters in the named and neighbouring places. On legally sufficient proof, Margaret's side asks for a finding that Mary spoke the defamatory words, or some of them, and defamed and injured Margaret. It seeks the consequences of the pleaded provincial constitution, ecclesiastical correction and punishment, and condemnation in expenses with effective payment. [The exact proposed excommunication and absolution clauses are not fully read and are not silently completed.] The party asks for relief to the extent it proves its case, without assuming an unnecessary burden of proving every point, with the benefit of law reserved, and invokes the judge's office. Saving rights, etc.; the party protests, etc.
[31?] May 1632. William Easdall. Mary Atkinson, wife of Francis Atkinson, answers the libel exhibited against her by Margaret, wife of William Awcocke. To the first article, she refers herself to the provincial constitution pleaded, if there is such a constitution, and to the law; otherwise she does not believe it to be true in any respect. To the second, she believes it to be true. To the third, she does not believe it to be true in any respect. To the fourth, down to and including the words about the truth of its contents, she believes that she never spoke any of the alleged words at the time and place pleaded. Consequently Margaret or William could not have been present or privy to them. Otherwise she refers herself to the law and does not believe the article to be true in any respect. To the fifth and sixth, she does not believe them to be true in any respect. To the seventh, she believes it to be true. To the eighth, she believes the admitted matters and denies the denied matters. Mary Atkinson's mark.
28 June 1632. [Confirmation/repetition subscription, possibly Robinson, uncertain.] Anne Kippax of Bolton in Craven, Yorkshire, spinster, approximately 21 years old, produced, admitted, sworn and examined on the libel exhibited on Margaret Awcocke's behalf against Mary Atkinson. First asked about her knowledge of the parties, she says she has known both for approximately three years. On the first article, she refers herself to the provincial constitution and the law, and knows nothing further to depose. She is not examined on the second because the defendant admits it. On the third, she says she was a servant to Mr Francis Malham of Elslack. Between haytime and harvest in the previous year, Mary Atkinson came to Malham’s house. Mary was nursing a child of Malham’s. Mary came into the chamber where Anne and her mistress, Malham’s wife, were and seemed to want to speak to the mistress. Anne perceived this and left the chamber. When Anne returned, her mistress told her that the child she had nursing with Atkinson’s wife was unwell, and that Mary had said Margaret Awcocke caused it, was a witch and had an evil eye. Some connecting and cancelled words remain unresolved. This portion is Anne’s report of what her mistress told her, not speech Anne directly heard from Mary. Anne continues that, shortly afterwards, Mary returned to Malham’s house in Elslack. Anne asked how her master’s child, whom Mary was nursing, was, calling the child Richard. Mary answered that it was unwell but she hoped it was improving. Anne asked what she thought might be the cause of its condition [the manuscript cancels “not thriveing” before “well”; the resulting syntax is irregular]. Mary answered that Awcock’s wife, meaning Margaret, was the cause, and added that Margaret was a naughty bad woman and had an evil eye. Anne knows nothing further to depose. On the fourth article, she knows nothing to depose, except that neither Margaret nor her husband was present when Mary uttered the words Anne has described. On the fifth, she knows nothing beyond what she has already deposed in this cause. On the sixth, she refers herself to the law and knows nothing further to depose. She is not examined on the seventh because the defendant admits it. On the eighth, she affirms the truth of what she has deposed. [Some routine witness qualifications are contracted or unread.] She is neither related by blood nor marriage [the manuscript then uses “etc.”] and does not care about the outcome provided justice is done. Anne Kippax's mark and name.
[Marginal subscription] Andr: [H...; surname unresolved]. In dei nomine amen Coram vobis venerabili viro Gulielmo Easdall Legum Doctore Almae Curiae Cons[istorialis] Ebor[acensis] Officiali principali [unread contracted phrase] deputato aut alio Judice in hac parte competenti quorum[que?] ex parte discretae mulieris Margarettae Awcocke uxoris Will[iel]mi Awcocke contra et adversus Mariam Atkinson ux[orem] Francisci Atkinson de Elslacke parochiae de Broughton dioc[esis] Ebor[acensis] Ac con[tra] quemcunque alium pro eadem coram vobis in judicio [unread] intervenientem Ad omnem tam juris quam facti effectum exinde quovismodo sequi valent[em] omni meliori via modo et juris forma quibus melius aut efficacius de jure potuit aut potest dicit allegat et in hiis scriptis conjunctim divisim et articulatim de jure proponit prout sequitur. 1. In primis ponit et articulat Quod fuit et est quaedam Constitutio provincialis hujus Regni Angliae [unread contracted phrase] vi[delicet] per [unread] omnes et singuli hujus Regni Angliae subditi tenentur et ligantur in qua quidem constitutione provinciali omnes illi qui quavis causa odii vel favoris aut alia quacunque de causa alicui malitiose crimen imponunt unde infamatur si apud bonos et graves [unread contraction] in saltem [compurgationem?] indictam vel aliam [unread] fuerunt et sunt sententia majoris excommunicationis [innodati?] atque [unread] Ponit tamen de tali forma Constitutionis provincialis quod et quantum in eventu hujus litis probabitur conjunctim divisim et de quolibet. 2. Item ponit et articulat Quod dicta Margaretta Awcocke per spatium quatuor quinque vel septem annorum jam ultimo praeteritorum retroque etiam fuit et est mulier honesta bonae famae vitae et conversationis honestae nulloque crimine (saltem notorio) aspersa diffamata vel aliqua [unread] (Salvis infra dicendis) Ac eodem tempore fuit et est pro unica et [unread] Will[iel]mi Awcocke praedicti [unread] honesta et laudabili per totum tempus praedictum vivit modoque in praesenti vivit Ac pro tali et ut talis fuit et est [unread] habita vocata et reputata palam publice et notorie infra praedictam de Broughton aliisque loca vicina Et ponit ut supra. 3. Item ponit et articulat Quod Praemissis non obstantibus dicta Maria Atkinson mensibus Maij Junij Julij Augusti Septembris Octobris Novembris et Decembris Anno domini 1629 [unread connecting words] infra villam de Elslacke ac praedictam de Broughton praedictae dioc[eseos] Ebor[acensis] aliisque loca vicina malitiose ac animo diffamandi praefatam Margarettam Awcocke uxorem Will[iel]mi Awcocke ipsam diffamavit et injuriavit nonnullaque verba opprobriosa injuriosa rixosa contumeliosa ac diffamatoria [Article 3 continued] dictae Margarettae Awcocke seu de eadem emisit dixit protulit et asseruit et praecipue haec verba Anglica sequentia seu alia eis in effectu consimilia vizt: “the articulate Francis Atkinson husband of the said Mary Atkinson being indebted to William Awcocke husband of the said Margarett Awcocke in a certaine sume of money she the said Margarett Awcocke within the tyme aforesaid And namely about Michaelmas was two yeares wente to the said Francis Atkinsons house in Elslacke to demaunde the said money And one Mr Francis Malham havinge then a childe at nurseinge with the said Marye Atkinson att her husbands house she the said Marye Atkinson shortly after that the said Margarett Awcocke had beene att her house went to the house of the said Mr Malham And said and reported (licet falso) That the said Margarett Awcocke was a witch and had an ill eye And that the said Mr Malham Childe did never like after she the said Margarett Awcocke did see it And further affirmed and said That she the said Mary Atkinson did verelie beleeve That the said Margarett Awcocke was a witch and that she had an ill eye and had bewitched or fore-spoken the said Mr Malham Childe.” Ponit tamen de ac talis et tanto tempore modo et forma verborum quod et quantum in eventu hujus litis probabitur conjunctim divisim et de quolibet. 4. Item ponit et articulat Quod neque dicta Margaretta Awcocke neque praefatus Will[iel]mus Awcocke subarticulatis tempore et loco prolationis verborum diffamatoriorum praedictorum cum dicta Maria Atkinson praesentes personaliter interfuerunt Et quod [unread phrase concerning report or knowledge of the words and their utterance] ad aures et notitiam dictae Margarettae Awcocke et praefati Will[iel]mi Awcocke mariti sui infra duos menses saltem intra Annum [unread connecting words] Et super veritate contentorum in hujus articulo pars dictae Margarettae Awcocke obtulit se [unread contraction] et paratam ad faciend[um] fidem per juramentum suum vel al[ite]r juxta juris in hac parte exigentiam Et ponit ut supra. 5. Item ponit et articulat Quod post praemissa dicta Maria Atkinson coram testibus fide dignis in praesentia nonnullorum testium fide dignorum ad [unread] hujus verbi diffamatoria dictae Margarettae Awcocke seu de eadem dixisse emisisse ac tulisse et asseruisse confessa fuit et est ac recognovit Et ponit ut supra. 6. Item ponit et articulat Quod ratione et praetextu prolationis hujus verborum diffamatorum status bona fama et opinio ipsius Margarettae Awcocke [Article 6 continued] apud bonos et graves penes quos prius extiterat bonae famae et opinionis illicite graviter et enormiter laeduntur et diminuuntur Ac de verisimili plus laedentur in futurum Et ponit ut supra. 7. Item ponit et articulat Quod de et super praemissis dicta Maria Atkinson ux[or] Francisci Atkinson fuit et est de Elslacke parochiae de Broughton dioc[esis] Ebor[acensis] ac juxta [unread contraction] jurisdictionis Et ponit ut supra. 8. Item ponit et articulat Quod de et super praemissis omnibus et singulis fuit et est publica vox et fama in locis praenominatis aliisque locis vicinis Et ponit ut supra. Unde facta fide de praemissis de jure requisita petit pars dictae Margarettae Awcocke praefatam Mariam Atkinson ex verbis diffamatoriis seu rixosis articulatis omnibus et singulis seu saltem eorum aliqua contra eandem Margarettam Awcocke [unread contraction] dixisse et [unread] eamque [unread] diffamasse et injuriasse dictamque Mariam Atkinson pro tanto temeritatis suae excessu in praemissis in sententiam majoris excom[municationis] juxta formam constitutionis praedictae in [unread] [unread clause on observing that sentence until absolution] corrigi et puniendam fore et debere Necnon in expensis ex parte et per partem dictae Margarettae Awcocke factis et fiendis condemnari condemnandamque ad debitam solutionem earundem efficaciter cogi et compelli atque vobis [unread] in praemissis omnibus et singulis [unread] ministrari per vos et vestram Sententiam definitivam [unread] Quo petit et fieri petit pars dictae Margarettae Awcocke conjunctim et divisim non arctans se ad omnia et singula praemissa probanda nec ad onus superfluae probationis de quo protestatur sed quantum probabit in praemissis obtineat in petitis juris beneficio in omnibus semper Salvo vestrum officium domine Judex antedicte humiliter implorando. Salvo jure &c. Et protestatur &c.
CP.H.1961 manuscript, Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1., Borthwick Institute for Archives, University of York CP.H.1961, CP.H.1961; images 2–3 (Latin and English)
[31?] Maij 1632. W: Easdall. Responsiones personales Mariae Atkinson uxoris Francisci Atkinson factae positionibus et articulis Libelli ex parte Margarettae Awcocke uxoris Will[iel]mi Awcocke con[tra] eam dati et exhibiti. Ad primam positionem respondendo refert se ad Constitutionem Provincialem articulatam (si qua talis sit) et ad jura Et al[ite]r non credit eandem esse veram in aliquo. Ad secundam positionem respondendo credit eandem esse veram. Ad tertiam positionem respondendo non credit eandem esse veram in aliquo. Ad quartam positionem usque ad haec verba (Et super veritate contentorum) inclusive respondendo credit That this Rend[en]t never spoke any of the wordes praedict[as] the tyme and place articulate And therefore the said Margarett Awcocke or William Awcocke her husband articulate was not or could be p[rese]nt or privie thereunto. Et al[ite]r respondendo ad jura non credit eandem esse veram in aliquo. Ad quintam et sextam positiones respondendo non credit easdem esse veras in aliquo. Ad septimam positionem respondendo credit eandem esse veram. Ad octavam positionem respondendo credit de Creditis et negat de negatis. Signum Mariae [cross] Atkinson.
CP.H.1961 manuscript, Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1., Borthwick Institute for Archives, University of York CP.H.1961, CP.H.1961; image 4 right (Latin and English)
Vicesimo octavo Junij 1632. Repet[it] [Robinson? contracted subscription]. Anna Kippax de Bolton in Craven in Com[itatu] Ebor[acensi] Spinster aetatis suae Viginti unius annorum aut eo circiter testis super positionibus et articulis Libelli ex parte et pro parte Margarettae Awcocke ux[oris] Will[iel]mi Awcocke con[tra] Mariam Atkinson exhibiti producta admissa jurata [unread] et primo de notitia partium [unread] dicit quod dictam Margarettam Awcocke per tres annos aut eo circiter et dictam Mariam Atkinson per idem tempus novit. Super primo art[icu]lo exa[minata] dicit quod refert se ad Constitutionem provincialem articulatam et in jura Et al[ite]r nescit deponere. Super secundo art[icu]lo non Examinatur quia pars rea fatetur. Super tertio art[icu]lo exa[minata] dicit that she this ex[amina]te [deleted: being?] servaunt to Mr Frauncis Malham of Elslacke [unread connecting abbreviation] the ar[ticula]te Marie Atkinson betwixte hay time and harvest in the yeare last came to the house of the said Mr Malham (she having at that time a childe to nurse of the said Mr Malhams) and comeing into the Chamber where this ex[amina]te and her m[ist]ris wife to the said Mr Malham were seemed to be desirous to speake some what to this ex[amina]tes m[ist]ris (which this ex[amina]te perceiving went her way) forth of the Chamber, and saith that upon this ex[amina]tes comeing againe to her said m[ist]ris, her m[ist]ris told her that the childe (which she had at nurseing with the said Atkinsons wife was not well and that [deleted words] the said Marie Atkinson had told her that the ar[ticula]te Margarett Awcocke was the cause of it, and that she was a witch and had an evill ey &c.) And saith that shortly after that the said Marie Atkinson comeing againe to the [Image 6 left] house of this ex[amina]tes said maister in Elslacke ar[ticula]te she this ex[amina]te asked her [cancelled words] Howe her said maisters childe did which she then had at nurseing, calling it by the name of Richard, to which she answered that it was not well, but that she hoped that it mended, whereupon this ex[amina]te asked what she thought might be the cause of its [deleted: not thriveing] well, to which the said Marie Atkinson answered that Awcocke wife, meaninge the ar[ticula]te Margarett Awcocke was the cause thereof, saying moreover that she the said Margarett Awcocke was a naughtie bad woman and had an ill ey Et al[ite]r nescit deponere. Super quarto art[icu]lo exa[minata] dicit quod nescit deponere Saving she saith that neither she the Margarett Awcocke nor her husband were p[rese]nt when she the said Mary Atkinson uttered the words predeposed upon by this dep[onen]t. Super quinto art[icu]lo exa[minata] dicit quod nescit deponere aliter quam prius deposuit in hac causa. Super sexto art[icu]lo exa[minata] dicit quod refert se ad jura Et al[ite]r nescit deponere. Super septimo art[icu]lo non ex[aminatur] quia pars Rea fatetur. Super octavo art[icu]lo exa[minata] dicit quod praedeposita per eam sunt vera [unread contracted witness qualification] nec consanguis aut affinis &c. nec curat &c. dummodo fiat Justitia. [Mark and subscription] A K Anne Kippax. [Image 6 right blank facing sheet.]
CP.H.1961 manuscript, Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1., Borthwick Institute for Archives, University of York CP.H.1961, CP.H.1961; images 5–6 (Latin and English)
Context: Childcare and the attribution of blame: comparative scholarship
Carter’s discussion of childcare presents Anne Gale’s distinct episode as a comparison for the circulation of blame between carers and neighbours. Gale is described as “very desirous to be safely delivered of this child”; Carter notes that a “childminder’s gaze settled on anyone else who might be blamed.” This provides a scholarly comparison, not evidence of Mary Atkinson’s motive, breastfeeding, a connection with Gale or the truth of the allegation against Margaret. The consulted EarlyView PDF places the passage across pages 8–9; the later journal issue is 37(1), 91–108. The workbook’s single-page 99 reference should not be treated as a checked start page for the entire excerpt.
Philippa Carter, Carter, Work, Gender and Witchcraft, vol. Gender & History 37, no.1, Wiley, 2025, DOI 10.1111/1468-0424.12717; first online 5 July 2023; journal issue March 2025, EarlyView pp.8–9, Childcare; journal37(1),91–108; final pinpoint to verify
Reading register: Full reading edition held on the source record
The full English-first reading-edition body is supplied in the linked edition source’s full_text field. Original texts, English renderings, citations, uncertainty and source-layer distinctions are retained. This source is the project reading edition, not a newly recovered primary manuscript. Database storage does not by itself certify publication.
Alcock–Atkinson · reading edition, Witching reading edition; prepared 2026-10-26; edition version 1.0; reading identifier alcock_atkinson-reading-v1. · context
People
- Andrew: Marginal subscriber Andr on the libel.
- Anne Kippax: Witness from Bolton in Craven, spinster aged approximately 21, serving Francis Malham.
- Francis Atkinson: Mary’s husband, named as owing William Awcocke money in the libel.
- Francis Malham: Anne Kippax’s master at Elslack and father of the child nursed by Mary Atkinson.
- Malham: Francis Malham’s wife and Anne Kippax’s mistress; her forename is not supplied.
- Margaret Alcock: Plaintiff, named Margaretta Awcocke and wife of William.
- Mary Atkinson: Defendant, named as Francis Atkinson’s wife and as nursing Malham’s child.
- Richard Malham: Child named Richard in Anne’s deposition and identified there as her master’s child being nursed by Mary Atkinson.
- Robinson: Tentatively read subscriber on Anne’s deposition.
- William Awcocke: Margaret’s husband, named in the libel as the creditor of Francis Atkinson.
- William Easdall: Doctor of Laws and York consistory official addressed in the libel; W Easdall subscribes Mary’s answers.
Events
- The pleading attributes to Mary Atkinson the claim that Margaret Alcock had an evil eye and had bewitched or forespoken Malham’s child. Anne Kippax’s deposition names Richard and reports that he was unwell, with hope of improvement. Her direct hearing and her report of her mistress’s words are distinct evidence chains.
- 1632: The libel alleges Francis Atkinson owed William Awcocke money, that Margaret’s visit to demand it preceded Mary’s witchcraft and evil-eye accusations concerning Malham’s child, and that Margaret’s reputation was injured. It pleads alternative months in 1629 and Michaelmas two years previously; these are not reconciled into an invented exact incident date. It requests ecclesiastical correction and costs, without evidence those were awarded. (a documentary entry)
- 1632-05: Mary’s personal answers admit the good-reputation and jurisdiction articles, deny the accusation and alleged acknowledgment, and state that she never spoke the words at the pleaded time and place. The manuscript day remains tentative; catalogue 31 May 1632 is recorded separately. (a documentary entry)
- 1632-06-28: Anne’s deposition dated 28 June 1632 reports what her mistress told her after Anne left a private conversation, then describes a later exchange in which Mary attributed the child Richard’s illness to Awcock’s wife and called her a bad woman with an evil eye. These are distinct levels of reported knowledge. Margaret and William were said absent when the words were uttered. The child’s illness and recovery hopes are reported, with no death or outcome of suit established. (a documentary entry)
Sources
- CP.H.1961 manuscript, Borthwick Institute for Archives, University of York, CP.H.1961. Libel images 2–3; docket and answers image 4; Anne Kippax deposition images 5–6; cover image 1., Borthwick Institute for Archives, University of York CP.H.1961 (court record)
- York Cause Papers catalogue CP.H.1961, n.d., Saved York repository manifest CP.H.1961, metadata: Consistory; three pieces; deposition and libel; no sentence; 31 May–28 June 1632. (catalogue)
- James Brown, Margaret Alcock’s Evil Eye: Witchcraft Defamations in Early Modern England, 2016-10-31, James Brown, Margaret Alcock’s Evil Eye: Witchcraft Defamations in Early Modern England, Inner Lives, 31 October 2016; section The Bewitching of Richard Malham and paragraphs beginning Mary’s husband, Although Mary, And saith, As is now well established and As is so often. Retrieved 26 October 2026. (scholarship) (later scholarship)
- Philippa Carter, Carter, Work, Gender and Witchcraft, vol. Gender & History 37, no.1, Wiley, 2025, DOI 10.1111/1468-0424.12717; first online 5 July 2023; journal issue March 2025 (scholarship) (later scholarship)
- Alcock–Atkinson · reading edition, Witching reading edition; prepared 2026-10-26; edition version 1.0; reading identifier alcock_atkinson-reading-v1. (edition)
Credit
Witches in Early Modern England research edition. Human editorial and review credits await confirmation.